Foster v. Lincoln's Ex'r
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the District of Vermont. This is an appeal from a decree of the circuit court, district of Vermont.
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Appeal from the Circuit Court of the United States for the District of Vermont. This is an appeal from a decree of the circuit court, district of Vermont. The suit was brought by the receiver of the First National Bank of Deming, N. M., to enforce an assessment made by the comptroller upon the stock of that bank against Benjamin F. Lincoln, of Lyndon, Vt., as one of the actual stockholders of the bank, and seeking to set aside a transfer made by Mm, shortly before the failure of'-the bank, to his children, who were made defendants. Lincoln died pending the litigation, and the action was…
1Per curiam
The appellant was himself president of the National Bank of Lyndon, and held 25 shares in the Deming bank. The Lyndon bank held 50 shares, and other individuals and banks in this vicinity held shares. As found by the circuit court, "on September 21, 1891, he transferred his stock in the Deming bank, in equal parts, to Ms five children, one of whom was a married woman, two of whom were minors, and all of whom were iiTesponsible for assessments on it.” The transfer was without consideration. It was completed by issuing new certificates of stock in exchange for the old one before the hank…
2Cases cited2 opinions
- National Bank v. CaseSupreme Court of the United States · 1879
- Bowden v. JohnsonSupreme Court of the United States · 1883
3Cited by6 opinions
- Detroit Trust Co. v. HockettMichigan Supreme Court · 1936
- Hall v. BallardCourt of Appeals for the Fourth Circuit · 1937
- Fitzpatrick's Gdn. v. 1st Nat. Bk. Whitesburg's Rec.Court of Appeals of Kentucky (pre-1976) · 1934
- Detroit Trust Co. v. DrummondMichigan Supreme Court · 1938
- Rose v. MorrowCourt of Appeals of Tennessee · 1929
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