Humphreys v. Atlantic Milling Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Ltjbke, Judge. (1) It appears from the undisputed testimony that the share of the Atlantic Milling Company, in the acceptance, was represented by the note of the Victoria Flour Mill Company, whose solvency is not questioned, payable to Bain (the president of the Atlantic Milling Company), by whom the draft had to be drawn, as shown, and by him, Bain, immediately appropriated to the payment of the creditors to whom it…
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Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Ltjbke, Judge. (1) It appears from the undisputed testimony that the share of the Atlantic Milling Company, in the acceptance, was represented by the note of the Victoria Flour Mill Company, whose solvency is not questioned, payable to Bain (the president of the Atlantic Milling Company), by whom the draft had to be drawn, as shown, and by him, Bain, immediately appropriated to the payment of the creditors to whom it had been promised, and who had given the company indulgence on the faith of such promise, by delivery of the note with…
1Opinion of the CourtBlack, J.
— This and four other suits of a like character were tried at the same time. The suit is one in equity, and the defendants are the Atlantic Milling Company, Geo. Bain, who is president and managing officer of that company, the Victoria Milling Company, A. H. Smith, who is managing officer of the last-named company, the White Line Central Transit Company, and F. N. Judson. The two milling companies are corporations doing business in St. Louis.
The evidence discloses these general facts: Plaintiff is a general creditor of the Atlantic Milling Company to the amount of $2,046 for wheat sold in…
2Cases cited16 opinions
- Hipp v. BabinSupreme Court of the United States · 1857
- Lewis v. CocksSupreme Court of the United States · 1874
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Merry v. FremonSupreme Court of Missouri · 1869
- Shickle v. WattsSupreme Court of Missouri · 1887
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3Cited by36 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Coleman v. HageySupreme Court of Missouri · 1913
- Benton County v. MorganSupreme Court of Missouri · 1901
- Potter v. WhittenMissouri Court of Appeals · 1913
31 more not listed; retrieve them via the Exa API.