Washington Savings Bank v. Butchers & Drovers' Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. ■ (1) There was no laches on plaintiff’s part. Bliss v. Pritchard, 67 Mo. 181, which also holds that laches must be pleaded. Kelly v. Hunt, 61 Mo. 466; Klein v. Vogel, 90 Mo. 239; White v. Pendry, 25 Mo. App. 547; Bradshaw v. Tates, 67 Mo. 233. (2) Set-off is not allowable in this action, it being clear from the evidence that the entire trust fund is a mere trifling amount as compared with the claims of creditors.
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Appeal from St. Louis City Circuit Court. ■ (1) There was no laches on plaintiff’s part. Bliss v. Pritchard, 67 Mo. 181, which also holds that laches must be pleaded. Kelly v. Hunt, 61 Mo. 466; Klein v. Vogel, 90 Mo. 239; White v. Pendry, 25 Mo. App. 547; Bradshaw v. Tates, 67 Mo. 233. (2) Set-off is not allowable in this action, it being clear from the evidence that the entire trust fund is a mere trifling amount as compared with the claims of creditors. Webber v. Leighton, 8 Mo. App. 502;- Shiclde v. Watts, 94 Mo. 410; Judge Thayer’s opinion in this cause. (3) Proceedings, at the instance…
1Opinion of the CourtBurgess, J.
This is an equitable proceeding by plaintiffs as judgment creditors of defendant the Butchers and Drovers’ Bank of St. Louis, an insolvent corporation, defendant Walsh, as.executor of Mrs. Marie C. Chambers, who was a stockholder in the defendant bank; and defendants Heman and Maguire, and many others who were also stockholders in said bank.
In the trial court judgment was rendered in favor of Walsh, executor of Mrs. Chambers, from which plaintiffs appealed, and in favor of plaintiffs against defendant Heman in the sum of $2,035.96, and against defendant Maguire in the sum of $500, from which…
2Cases cited14 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- McLaren v. HallSupreme Court of Iowa · 1868
- Shickle v. WattsSupreme Court of Missouri · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Long v. MartinSupreme Court of Missouri · 1899
- Shields v. HobartSupreme Court of Missouri · 1903
- Pierce v. Topeka Commercial Security Co.Supreme Court of Kansas · 1899
- Austin Powder Co. v. Commercial Lead Co.Missouri Court of Appeals · 1908
- Kuenzel v. NicolsonMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.