Mercer v. Dyer
Montana Supreme Court
Appeal from Sixth Judicial District, Paris County. Application for a writ of mandamus to compel the payment by the defendant of a certain county warrant.
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Appeal from Sixth Judicial District, Paris County. Application for a writ of mandamus to compel the payment by the defendant of a certain county warrant. Judgment was rendered for the defendant by Henry, J. Statement of the case by the justice delivering the opinion: The appellant, who is the receiver of the Livingston National Bank, an insolvent corporation, applied to the district court for a writ of mandamus to require the defendant, who is treasurer of Park county, to pay a certain county warrant owned and held by said bank at the time it became insolvent and was placed in the hands of…
1Opinion of the CourtPembertON, C. J.
— The court below evidently held that the defendant under the pleadings and evidence was entitled in equity to offset the appellant’s demand against the bank’s indebtedness to the county. The appellant contends that such holding is error. He insists that by allowing the offset an unauthorized preference was given to the defendant, which he claims is prohibited by section 5242 of the National Bank Law. This section is as follows:
“Sec. 5242. All transfers of the notes, bonds, bills of exchange or other evidences of debt owing to any national banking association, or of deposits to its credit;…
2Cases cited1 opinion
- Scott v. ArmstrongSupreme Court of the United States · 1892
3Cited by5 opinions
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