Clark v. First National Bank
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood,'Judge. (1) Plaintiffs, as securities, have no standing in a court of equity and can not maintain this action, which is a suit in equity, without first having recovered judgment, and having exhausted their legal remedies, or without being subrogated to the rights of those who have recovered such judgment and exhausted their legal remedies against the principal and his property.
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood,'Judge. (1) Plaintiffs, as securities, have no standing in a court of equity and can not maintain this action, which is a suit in equity, without first having recovered judgment, and having exhausted their legal remedies, or without being subrogated to the rights of those who have recovered such judgment and exhausted their legal remedies against the principal and his property. Martin v. Michael, 23 Mo. 50; Turner v. Adams, 46 Mo. 99; Fisher v. Tollman, 74 Mo. 40; Crimm v. Walker, 79 Mo. 335; Dodd v. Levy, 10 Mo. App. 121; Merry v. Fremon,…
1Opinion of the CourtSmith, P. J.
— The petition, amongst other things, stated that there was a certain suit in partition pending in the circuit court of Cass county, wherein certain persons named were plaintiff’s and defendants, the object of which was to obtain a decree and judgment of partition of certain real estate; that during the pendency of said suit the said court made an order appointing E. P. Whalen receiver in said suit, and as a part of his duties as such he was required to take charge of, control, rent, and collect the rents of the said real estate and pay over the proceeds thereof to the successful party in the…
2Cases cited33 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Smith v. AyerSupreme Court of the United States · 1880
- Duncan v. JaudonSupreme Court of the United States · 1873
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
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3Cited by12 opinions
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Fidelity Deposit Co. of Maryland v. RankinSupreme Court of Oklahoma · 1912
- Storts v. GeorgeSupreme Court of Missouri · 1899
- Calhoun v. GrayMissouri Court of Appeals · 1910
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
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