Legal Opinion

Lyons v. Westwater

Court of Appeals for the Third Circuit

Decided September 28, 1910No. 1,332PublishedCited by 12 opinions

In Error to the Circuit Court of the United States for the Western District of Pennsylvania. Action by Robert Lyons, receiver of the Cosmopolitan National Bank of Pittsburgh, against James Westwater. Judgment for defendant (173 Fed. Ill), and plaintiff brings error.

1Opinion of the Court

LANNING, Circuit Judge.

This action is on a promissory note for $37,500. The Circuit Court instructed the jury to render a verdict for the defendant, Westwater. The plaintiff, Robert Lyons, receiver of the Cosmopolitan National Bank, assigns the instruction as error. It appears that about January 1, 1905, the Cosmopolitan National Bank decided to increase its capital stock from $200,000 to $500,000. The 3,000 shares of the increase were offered to subscribers at $125 per share. After all but 300 of the shares had been taken, one J. D. Lyon made his promissory note for $37,500 (the value of the…

2Cases cited2 opinions

  1. Scott v. DeweeseSupreme Court of the United States · 1901
  2. Waite v. DowleySupreme Court of the United States · 1877

3Cited by12 opinions

  1. Deitrick v. GreaneySupreme Court of the United States · 1940
  2. King v. WiseTexas Commission of Appeals · 1926
  3. Laurent v. AndersonCourt of Appeals for the Sixth Circuit · 1934
  4. Denny, Banking Commissioner v. FishterCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Westwater v. LyonsCourt of Appeals for the Third Circuit · 1912

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