Legal Opinion

Weinhard v. Commercial National Bank

Oregon Supreme Court

Decided May 3, 1902PublishedCited by 3 opinions

From Multnomah: Alfred F. Sears, Jr., and Arthur L. Frazer, Judges, in joint session. Two separate actions were brought by Henry Weinhard and George H. Williams, respectively, to recover the value of certain shares of stock in the defendant corporation (the Commercial National Bank of Portland, Oregon,) alleged to have been wrongfully converted by it. As the same questions are involved in each ease, they are here considered together.

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From Multnomah: Alfred F. Sears, Jr., and Arthur L. Frazer, Judges, in joint session. Two separate actions were brought by Henry Weinhard and George H. Williams, respectively, to recover the value of certain shares of stock in the defendant corporation (the Commercial National Bank of Portland, Oregon,) alleged to have been wrongfully converted by it. As the same questions are involved in each ease, they are here considered together. The defendant is a banking association, organized under the national bank act. On December 5, 1896, the comptroller of currency found that its capital stock had…

1Opinion of the CourtChief Justice Bean

Two questions are presented for our determination on this appeal: first, it is insisted that the court erred in overruling the defendant’s motion for a nonsuit; and, second, in holding that under the national bank act the authority to levy assessments upon the shareholders of a bank for the purpose of repairing its capital stock is vested in the shareholders themselves, and not in the directors.

1. The plaintiffs offered no testimony, as part of their ease in chief, tending to show the value of the stock alleged to have been converted by the defendant, and for this reason it is urged that the…

2Cases cited3 opinions

  1. Delano v. ButlerSupreme Court of the United States · 1886
  2. Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
  3. Hulitt v. BellU.S. Circuit Court for the District of Southern Ohio · 1898

3Cited by3 opinions

  1. State v. AinsworthOregon Supreme Court · 2009
  2. Meikle v. Export Lumber Co.Court of Appeals for the Ninth Circuit · 1933
  3. State v. AinsworthOregon Supreme Court · 2009

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