Legal Opinion

Coleman v. Dana

Missouri Court of Appeals

Decided May 4, 1915Published

Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) In order to recover funds of a corporation paid by an officer of tbe corporation and alleged to bave been misappropriated, it must be conclusively shown that tbe one so receiving tbe funds bad knowledge of tbe fact that tbe funds so received were funds of tbe corporation. Roan v. Winn, 93 Mo. 503; St. Charles Saying Bank v. Edwards, 243 Mo. 553; Coleman, trustee, v. Stocke, 159 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) In order to recover funds of a corporation paid by an officer of tbe corporation and alleged to bave been misappropriated, it must be conclusively shown that tbe one so receiving tbe funds bad knowledge of tbe fact that tbe funds so received were funds of tbe corporation. Roan v. Winn, 93 Mo. 503; St. Charles Saying Bank v. Edwards, 243 Mo. 553; Coleman, trustee, v. Stocke, 159 Mo. App. 43. (2) All the stockholders of a corporation may consent to an appropriation of an asset by an official if tbe appropriation…

1Opinion of the CourtAllen, J.

This is an action instituted by the plaintiff, trustee in bankruptcy of the George D. Allen Paper Company, a corporation, to recover, from defendant the sum of $2137 alleged to have been paid defendant out of the corporate funds of said corporation in the purchase of certain shares of its capital stock.

The petition avers that on February 8,1911, a petition in bankruptcy was filed against the corporation by sundry creditors, and that on February 28, 1911, it was duly adjudicated a bankrupt, and thereafter plaintiff was chosen trustee of the bankrupt estate and had duly qualified and was acting…

2Cases cited6 opinions

  1. In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
  2. In re MullenDistrict Court, D. Massachusetts · 1900
  3. Coleman v. HageySupreme Court of Missouri · 1913
  4. Blake v. MeadowsSupreme Court of Missouri · 1909
  5. Coleman v. StockeMissouri Court of Appeals · 1911

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