Legal Opinion

Bank of Mississippi v. Duncan

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 3 opinions

Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor; On the 13th of June, 1844, in a suit in chancery by Brown, Brothers & Co., Charles A. Lacoste was .appointed receiver of the assets-of the'Bank of Mississippi.

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Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor; On the 13th of June, 1844, in a suit in chancery by Brown, Brothers & Co., Charles A. Lacoste was .appointed receiver of the assets-of the'Bank of Mississippi. In a few days thereafter, Lacoste gave bond for the faithful discharge of his duties as -receiver, took possession of the property of the bank,- and entered upon the discharge of his duties as directed in the order of court appointing him. In 1855 the bill of complaint of Brown, Brothers & Co. was dismissed, but the Pause was retained for the purpose of…

1Opinion of the CourtCampbell, J.

The evidence justified the conclusion that the amendment of the charter of the bank by the act of February 21, 1840, was accepted by it as therein provided for. The testimony of Lacoste; the agreement .of the district attorney, made in 1850, in the quo warranto suit pending in the Circuit Court of Washington County; the affidavit of A. F. Smith, made in that suit; and the allusions in the1 answer of Turnbull, president, and John G. Cocke, in evidence, satisfy us of the acceptance of the amendment mentioned. The circumstances relied on to show the contrary fail to have that effect. The quo…

2Cases cited3 opinions

  1. Bell v. BruenSupreme Court of the United States · 1843
  2. Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
  3. Coulter v. RobertsonCourt of Appeals of Mississippi · 1852

3Cited by3 opinions

  1. Liquidation of George's Creek Co.Court of Appeals of Maryland · 1915
  2. Scott v. GittingsCourt of Appeals of Maryland · 1915
  3. Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922

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