Brown v. Home Savings-Bank
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A court of equity cannot appoint a receiver for a corporation. — Bayless v. Orne, 1 Freem. Ch. 161; FoVger v. Columbian Ins. Go., 99 Mass. 274 ; Neall v. Hill, 16 Cal. 145 ; Slee v. Bloom, 5 Johns.
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Appeal from St. Louis Circuit Court. A court of equity cannot appoint a receiver for a corporation. — Bayless v. Orne, 1 Freem. Ch. 161; FoVger v. Columbian Ins. Go., 99 Mass. 274 ; Neall v. Hill, 16 Cal. 145 ; Slee v. Bloom, 5 Johns. Ch. 380, 381; Fountain Ferry Go. v. Jewell, 8 B. Mon. 142. A court of equity may appoint a receiver for a corporation without a judgment at law having been first obtained. — Pendleton v. Perkins, 49 Mo. 565 ; Haggerty v. Pittman, 1 Paige, 298. The appointment of a receiver is an equitable execution to collect a judgment. — 2 Story’s Eq. Jur., see. 829 ; Demply…
1Opinion of the CourtBakewell, J.
The petition in this case sets out the incorporation of defendant as a banking corporation, having its chief place of business in St. Louis, and alleges that, at a date named, plaintiff and defendant, having had mutual dealings, accounted between themselves, and, on settlement, it was found that defendant owed plaintiff $670, which defendant then and there agreed and promised to pay plaintiff, and which plaintiff then and there agreed to accept and receive in full discharge of defendant’s indebtedness to him, and which sum plaintiff says is still due, with interest. Plaintiff further avers…
2Cases cited8 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Henderson v. DickeySupreme Court of Missouri · 1872
- McClurg v. PhillipsSupreme Court of Missouri · 1872
- Peyton v. RoseSupreme Court of Missouri · 1867
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wendling v. BowdenSupreme Court of Missouri · 1913
- Gibson v. ThorntonSupreme Court of Georgia · 1899
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Riffe v. ProctorMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.