German National Bank v. First National Bank
Nebraska Supreme Court
Appeal from the district court of Adams county. Heard below before Beall, J. The opinion contains a statement of the case. One of many creditors of an insolvent corporation can not sue alone to recover corporate assets wrongfully converted by defendants, without alleging that the corporation refused to sue. The corporation must be a party plaintiff. See Davenport v. Dotos, 85 TJ. S., 626; McMullen v. Ritchie, 64 Fed.
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Appeal from the district court of Adams county. Heard below before Beall, J. The opinion contains a statement of the case. One of many creditors of an insolvent corporation can not sue alone to recover corporate assets wrongfully converted by defendants, without alleging that the corporation refused to sue. The corporation must be a party plaintiff. See Davenport v. Dotos, 85 TJ. S., 626; McMullen v. Ritchie, 64 Fed. Rep., 253; Hawes v. Oakland, 104 U. S., 450; O’Conner Mining & Mfg. Co. v. Coosa Furnace Co., 10 So. Rep. [Ala.], 290; Doud v. Wisconsin P. & S. R. Co., 25 N. W. Rep. [Wis.],…
1Opinion of the CourtSullivan, J.
At a former term a judgment in favor of the First National Bank of Hastings was reversed, and the cause remanded to the district court for further proceedings. See German Nat. Bank of Hastings v. First Nat. Bank of Hastings, 55 Nebr., 86. Thereupon the plaintiff filed an amended petition, and brought John Slaker and the Burger-Alexander Hardware Company into the case as parties defendant. The hardware company answered, alleging that it had ratified the sale to Carson Hamot, and had also ratified the application of the proceeds of the sale upon its indebtedness to the defendant bank. The…
2Cases cited4 opinions
- Weiss v. ChambersMichigan Supreme Court · 1883
- Davis v. FergusonMassachusetts Supreme Judicial Court · 1889
- Todd v. . BotchfordNew York Court of Appeals · 1881
- Bank of Sheboygan v. TrillingWisconsin Supreme Court · 1889
3Cited by12 opinions
- Depner v. Joseph Zukin BlousesCalifornia Court of Appeal · 1936
- National Citizens Bank v. BowenSupreme Court of Minnesota · 1910
- Burnham v. EdwardsSupreme Court of Oklahoma · 1927
- Fremont Farmers Union Cooperative Ass'n v. MarkussenNebraska Supreme Court · 1939
- Bank of Brule v. HarperNebraska Supreme Court · 1942
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