Davis v. Stevens
U.S. Circuit Court for the District of Southern New York
[This is an action by Theodore M. Davis, receiver of the Ocean National Bank, in the city of New York, against Calvin A. Stevens, as executor of Calvin Stevens, deceased. The district-court directed a verdict in favor of defendant; and, to review the judgment entered thereon, plaintiff sued ont this writ of error.]
1Opinion of the Court
WAITE, Circuit Justice.
This was a suit at law by the receiver of an insolvent national bank to enforce the individual liability of an alleged shareholder,' under section 5151 of the Bevised Statutes. The bank failed December 12th, 1871, and it is conceded that Calvin Stevens, the decedent, did not then appear on the books as a shareholder, and had not appeared as such since October 29th, 1870. On that day one hundred and seventeen shares stood in his name, which he caused to be transferred to one Elston, an irresponsible person, and a porter in the office of his New York broker. At the time…
2Cases cited3 opinions
- National Bank v. CaseSupreme Court of the United States · 1879
- Webster v. UptonSupreme Court of the United States · 1876
- Pullman v. UptonSupreme Court of the United States · 1878
3Cited by18 opinions
- Bowden v. JohnsonSupreme Court of the United States · 1883
- Early v. RichardsonSupreme Court of the United States · 1930
- Houghton v. HubbellCourt of Appeals for the First Circuit · 1899
- Kenyon v. FowlerCourt of Appeals for the Second Circuit · 1907
- Wright v. KeeneMontana Supreme Court · 1928
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