Legal Opinion

Knox v. Exchange Bank

Supreme Court of the United States

Decided November 13, 1871No. 500PublishedCited by 32 opinions

Two separate matters here reported arose upon a motion to dismiss a writ of error to the Supreme Court of Appeals of Virginia. The case was thus: The Exchange Bank of Virginia wa's, by its charter, authorized to issue notes of circulation, which were made a valid tender to the bank in payment of any debt due to it.

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Two separate matters here reported arose upon a motion to dismiss a writ of error to the Supreme Court of Appeals of Virginia. The case was thus: The Exchange Bank of Virginia wa's, by its charter, authorized to issue notes of circulation, which were made a valid tender to the bank in payment of any debt due to it. After the war of the rebellion was over a law was passed, February 12th, 1866, authorizing the insolvent banks of the State to' make general assignments for the benefit of their creditors. The Exchange Bank, being in that condition, made such an assignment, and the assignee sued…

1Opinion of the CourtJustice Miller

In the case of Herndon v. Howard, it was decided that the proper course when a party to a writ of error had been declared bankrupt and an assignee duly appointed, was for the assignee in bankruptcy to make application to reinstate it- and to be substituted for the bankrupt as plaintiff in error. The application, here, being made during the term, while the matter is still within our control, we see no objection to the substitution asked for, if the case is one which ought to be reinstated.

The motion on which the writ of error was dismissed last Rpring was based on the allegation that no…

2Cited by32 opinions

  1. New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
  2. Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
  3. Tidal Oil Co. v. FlanaganSupreme Court of the United States · 1924
  4. Central Land Co. v. LaidleySupreme Court of the United States · 1895
  5. Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885

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