Legal Opinion

Washington Nat. Bank v. Eckels

U.S. Circuit Court for the District of Washington

Decided August 29, 1893PublishedCited by 9 opinions

In Equity. Bill by the Washington National Bank of Tacoma for an injunction to restrain Jamos II. Eckels, the comptroller of the currency, and a bank examiner appointed by him as agent, from proceeding after the bank had, pursuant to a vote of more than two-thirds of its stockholders, gone into voluntary liquidation, ro rake possession of the assets of the bank for the purpose of putting the same in charge of a receiver.

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In Equity. Bill by the Washington National Bank of Tacoma for an injunction to restrain Jamos II. Eckels, the comptroller of the currency, and a bank examiner appointed by him as agent, from proceeding after the bank had, pursuant to a vote of more than two-thirds of its stockholders, gone into voluntary liquidation, ro rake possession of the assets of the bank for the purpose of putting the same in charge of a receiver. The defendant Charles Clary, bank examiner, interposed a plea in bar, alleging that the comptroller of the currency, after due examination, being satisfied that the bank was…

1Opinion of the Court

HANFORD, District Judge,

(orally.) In the case of the Washington National Bank against the comp (roller of the currency, pending at Tacoma, I regard it as a great hardship that the comptroller of the currency should deem it necessary to interfere in the settlement of the business of the bank by the officers and means which have been chosen by the bank’s stockholders, directors, and creditors, and which are satisfactory to them, especially in view of the uncontradicted averment in the bill that the bank is abto to meet all of its obligations, and willing to do so, and intending to do so, and…

2Cited by9 opinions

  1. Boyd v. SchneiderCourt of Appeals for the Seventh Circuit · 1904
  2. O'Connor v. Bankers Trust Co.New York Supreme Court · 1936
  3. United States Sav. Bank v. MorgenthauCourt of Appeals for the D.C. Circuit · 1936
  4. United States Nat. Bank of La Grande v. PoleDistrict Court, D. Oregon · 1932
  5. O'Conner v. WatsonCourt of Appeals for the Fifth Circuit · 1936

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