Heaton v. Norton County State Bank
Supreme Court of Kansas
Error from Norton District Court. A. C. T. Geiger, Judge. Mattie J. Heaton brought an action against the Norton County State Bank, Thomas Burton and W. T. Shoemaker to recover $9600, the alleged value of ninety-six shares of the capital stock of The Norton County State Bank, which, it is alleged, were unlawfully obtained and converted by the defendants.
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Error from Norton District Court. A. C. T. Geiger, Judge. Mattie J. Heaton brought an action against the Norton County State Bank, Thomas Burton and W. T. Shoemaker to recover $9600, the alleged value of ninety-six shares of the capital stock of The Norton County State Bank, which, it is alleged, were unlawfully obtained and converted by the defendants. The defendant Bank answered that the plaintiff was formerly a stockholder and director in the Bank, and that her husband, Morgan Heaton, was also a stockholder and the cashier and chief managing officer thereof; that on or about November' 21,…
1Opinion of the CourtJoi-inston, J.
The important issue in the case is the duress alleged to have been exercised by the defendants, causing the plaintiff to transfer the bank stock in question. That the plaintiff executed the contract and deed and assigned and delivered the bank stock, on January 10,1894, is conceded. Negotiations for a settlement with the Heatons and for the reorganization of the Bank had been progressing for some time. On the night of the above-mentioned date, Burton, president of the Bank, Shoemaker, secretary and assistant cashier, and John C. Brown, a stockholder, met in the office of Brown, and, having…
2Cases cited18 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Moore v. HopkinsCalifornia Supreme Court · 1890
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3Cited by12 opinions
- Motor Equipment Co. v. McLaughlinSupreme Court of Kansas · 1943
- Williamson v. AckermanSupreme Court of Kansas · 1908
- People's Gas Co. v. FletcherSupreme Court of Kansas · 1909
- Gorringe v. ReedUtah Supreme Court · 1901
- Bryant v. FordyceSupreme Court of Kansas · 1938
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