Legal Opinion · Dissent

Molner v. South Chicago Sav. Bank

Court of Appeals for the Seventh Circuit

Decided October 16, 1943No. 8285Published

1DissentMajor, Circuit Judge

The opinion appears to rest largely upon the theory, erroneous in my opinion, that a bank director can effect his resignation at any time and immediately retake possession of stock which he has deposited in conformity with statutory mandate. Necessarily, the opinion must rest upon this foundation for the reason that it is well established law that a garnisher stands in the shoes of and can acquire no rights superior to those of his judgment debtor. Schmitz v. 75th and Exchange Drug Co., Inc., 303 Ill.App. 192, 196, 24 N.E.2d 889; Siegel, Cooper & Co. v. Schueck, 167 Ill. 522, 524, 47 S.E.…

2Cases cited6 opinions

  1. Zimek v. Illinois National Casualty Co.Illinois Supreme Court · 1939
  2. Siegel, Cooper & Co. v. SchueckIllinois Supreme Court · 1897
  3. Millison v. FiskIllinois Supreme Court · 1867
  4. Larson v. McCormackAppellate Court of Illinois · 1936
  5. Schmitz v. 75th & Exchange Drug Co.Appellate Court of Illinois · 1940

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