Bailey v. Tillinghast
Court of Appeals for the Sixth Circuit
Appeal from tlie Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a suit in equity, brought by Philip Tillinghast, as receiver of the Columbia National Bank of Tacoma, in the state of Washington, an association organized under the national banking act, against 46 defendants, sued as stockholders, for the purpose of recovering an assessment of $61 per share of the stock held by them, levied by the comptroller of the…
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Appeal from tlie Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a suit in equity, brought by Philip Tillinghast, as receiver of the Columbia National Bank of Tacoma, in the state of Washington, an association organized under the national banking act, against 46 defendants, sued as stockholders, for the purpose of recovering an assessment of $61 per share of the stock held by them, levied by the comptroller of the currency upon their personal liability on account thereof, imposed by section 5151 of the Revised Statutes of the United…
1Opinion of the CourtSeyerens, District Judge
The first question arising upon this record is whether the complainant has chosen the proper forum in which to enforce the individual liability of the defendants as stockholders to the creditors of the bank in excess of their liability to the corporation for the stock itself, and, in connection with this, the related question whether the defendants were properly joined, all in one suit. In behalf of the defendants it is earnestly insisted: First, that there was a complete and adequate remedy at law; and, second, that, if they could properly be sued in equity, inasmuch as they are liable, if…
2Cases cited17 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Casey v. GalliSupreme Court of the United States · 1877
- McCormick v. Market BankSupreme Court of the United States · 1897
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- United States v. KnoxSupreme Court of the United States · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Barbour v. ThomasCourt of Appeals for the Sixth Circuit · 1936
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
- Alsop v. ConwayCourt of Appeals for the Sixth Circuit · 1911
36 more not listed; retrieve them via the Exa API.