Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 61

 
9781236810588: Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 61

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...the creditor holding such notes is not prevented by any of the provisions of chapter 43, Laws of 1891, nor by section 36 of chapter 47, Laws of 1897 (Gen. Stat. 1897, ch. 18, § 6; Gen. Stat. 1899, § 4421, from sharing in the distribution of the assets of the bank, after insolvency, equally with its depositors and other creditors. 2. Statute C077.-S'f7'tLf'(l. Section 42 of chapter 17, Laws of 1897 (Gen. Stat. 1897, ch. 18, § 10; Gen. Stat. 1899, § 448), does not affect the remedy of a creditor of such banker in the collection of a debt contracted before the passage of the act. Error from Dickinson district court; O. L. Moons, judge. Opinion filed February 10, 1900. Reversed. Valentine, Godard & Valentine, for plaintiff in error. T. E. Dewey, for defendant in error. The opinion of the court was delivered by SMITH, J.: Plaintifi' in error filed his application in the district court, asking for an allowance of claims aggregating over $4500 against the Thomas Kirby Bank, which was at the time in the custody of P. H. Halleck, as receiver, appointed by the district court on petition of the attorney-general at the instance of the bank commissioner, under chapter 47, Laws of 1897 (Gen. Stat. 1897, ch. 18, §§ 1-67; Gen. Stat. 1899, §§ 407-470). The indebtedness is in the form of notes executed or indorsed by Thomas Kirby individually in 1892 and 1893. Defendant in error was appointed receiver for the assets of the bank in J uly, 1898, and afterward took charge of the same. Thomas Kirby was the sole owner and manager of the bank. It had no directors or stockholders, but was simply a private concern, the property of an individual. The district court refused the allowance of the...

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