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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schneider v. Schneider, 146 S.W.2d 584 (1941)

Citation
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Parent Document
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Jurisdiction
Missouri (state)
Effective Date
1941-01-04

Other Sections in This Document (37)

Full Text

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The corporation is therefore bound by their knowledge. It became and was a constructive trustee of the partnership property turned over to it, which apparently constituted the whole of its assets at the time of incorporation. The court below had authority to trace the trust property into the hands of the corporation, to impress it with the nature of a trust, or to declare it subject to a lien in favor of the defrauded partner and to aid him in recovering what belonged to him through its processes of sequestration. If, as a practical matter, this involved a receiver’s sale of the entire corporate business, the court was justified in ordering such sale. No error was therefore committed in this respect.