Bank of Dexter v. Stoddard County Bank

• Decision Date: 27 May 1902
• Citation: 68 S.W. 902,169 Mo. 74
• Parties: BANK OF DEXTER v. STODDARD COUNTY BANK et al.
• Court: Missouri Supreme Court

68 S.W. 902

169 Mo. 74

BANK OF DEXTER v. STODDARD COUNTY BANK et al.

Supreme Court of Missouri, Division No. 2.

May 27, 1902.

APPEAL—APPOINTMENT OF RECEIVER—BILL OF EXCEPTIONS—AFFIRMANCE.

Where, on an appeal under Rev. St. § 806, authorizing an appeal from an order refusing to revoke the appointment of a receiver, the motion for revocation is not made a part of the record by bill of exceptions, the judgment must be affirmed.

Appeal from circuit court, Stoddard county; J. L. Fort, Judge.

Action by the Bank of Dexter against the Stoddard County Bank and another. From an order refusing to vacate the appointment of L. R. Thomason as receiver of defendant, defendant H. H. Bedford appeals. Affirmed.

This is an appeal from the judgment of the circuit court of Stoddard county refusing to revoke and vacate an appointment of a receiver by the judge of said court in a suit pending in said court wherein the Bank of Dexter is plaintiff, and the Stoddard County Bank and H. H. Bedford are defendants. This appeal was taken at the March term, 1899, and no effort has been made in this court to have it advanced and heard out of its regular course. Without setting forth the petition in the case in hæc verba, it is sufficient to state that it avers the incorporation of the Stoddard County Bank and the Bank of Dexter; the insolvency of the Stoddard County Bank in 1892, and the transfer by said Stoddard County Bank of all its assets to the Dexter Bank upon the condition and undertaking of the Dexter Bank to collect the solvent notes and bills receivable so transferred, and pay the depositors and creditors of said Stoddard County Bank; the payment of said depositors, and that said Bank of Dexter was proceeding to collect all of the debts of the Stoddard County Bank, when certain stockholders of the last-named bank began a suit on May 20, 1893, against the Bank of Dexter for an accounting and for a receiver; the appointment by Judge Wear of H. H. Bedford as such receiver; the pendency of said suit; the change of venue to Iron county; and a final judgment dismissing said bill in the Iron county circuit court at the October term, 1898, from which no appeal was or has been taken. It is then averred that the Bank of Dexter paid out to the depositors of creditors of said Stoddard County Bank $21,225.30, but had collected only $20,493.05 when the assets of said Stoddard County Bank were taken out of its hands in said stockholders' suit, and that there was still due it $1,256.77 for debts paid by it over and above the assets received; that, in truth and in...