Union Nat. Bank of Kansas City v. Hill

• Decision Date: 14 March 1900
• Parties: UNION NAT. BANK OF KANSAS CITY v. HILL et al.
• Court: Missouri Supreme Court

55 S.W. 1133

UNION NAT. BANK OF KANSAS CITY v. HILL et al.

Supreme Court of Missouri, Division No. 1.

March 14, 1900.

Appeal from circuit court, Saline county; Richard Field, Judge.

Action by Union National Bank of Kansas City against Phillip M. Hill and others. There was a judgment for defendants, and plaintiff appeals. Affirmed.

Leslie Orear and A. F. Rector, for appellant.

Thos. Shackelford, W. M. Williams, John A. Rich, Syd. B. Burks, and D. D. Duggins, for respondents.

MARSHALL, J.

This suit is like the case of Bank v. Garnett (Mo. Sup.) 55 S. W. 1132, in that the first count of the petition seeks to charge the defendants under the statute for contracting a debt to the plaintiff afer he had knowledge of the insolvency or failing circumstances of the bank, and is like Bank v. Hill, 148 Mo. 380, 49 S. W. 1012, in that the second count seeks to charge the defendants for negligence in the discharge of their duties as directors. In all other respects it is like the case of Utley v. Hill (Mo. Sup.) 55 S. W. 1091. The decision in Bank v. Hill, 148 Mo. 380, 49 S. W. 1012, disposes of the second count of the petition, and the decision in Utley v. Hill disposes of the first count of the petition. For these reasons, the judgment of the circuit court is affirmed. All concur, except ROBINSON, J., absent.