Latimer v. Equitable Loan & Investment Ass'n
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. G. E. Longan, Judge. (1) The bank having taken the five shares of original stock in the defendant corporation for value and without notice of any defect in the title of J. O. Thompson or any equities existing between Thompson and the defendant, and having complied with all the requirements of the by-laws of the defendant corporation, was entitled to recover the cancellation value thereof. Watson v. Printing Go., 56 Mo.
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Appeal from the Pettis Circuit Court. — Hon. G. E. Longan, Judge. (1) The bank having taken the five shares of original stock in the defendant corporation for value and without notice of any defect in the title of J. O. Thompson or any equities existing between Thompson and the defendant, and having complied with all the requirements of the by-laws of the defendant corporation, was entitled to recover the cancellation value thereof. Watson v. Printing Go., 56 Mo. App., 150. (2) Thompson, although cashier of the bank, in the negotiation of the loan and the deposit of the stock, was acting in…
1Opinion of the CourtSmith, P. J.
Statement. This is a suit in equity, the object of which was to recover of the defendant, a loan and investment association, incorporated under the laws of this state, the surrender value of five shares of stock which were issued by it to one Thompson, and for the appointment of a receiver and an accounting, etc. There was a trial resulting in a decree for defendant from which the plaintiff has appealed. The decree, we think, was for the right party and should be upheld. If it be conceded that the plaintiff as the receiver of the First National Bank has, by assignment, acquired the title *466to…
2Cases cited6 opinions
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Johnston v. ShortridgeSupreme Court of Missouri · 1887
- Steam Stonecutter Co. v. MyersMissouri Court of Appeals · 1896
- Withers v. Lafayette County BankMissouri Court of Appeals · 1896
- Lexington & Ohio Railroad v. BridgesCourt of Appeals of Kentucky · 1847
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3Cited by2 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Farmers & Merchants Bank v. LoydMissouri Court of Appeals · 1901