Anderson v. Owen
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Hon. G. C. Tann, Chancellor. Ancillary petition in liquidation proceedings by W. F. Owen, receiver and another, against E. F. Anderson and others, Bank Examiners, From a decree overruling a demurrer to the petition, the hank examiners appeal..
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Appeal from the chancery court of Newton county. Hon. G. C. Tann, Chancellor. Ancillary petition in liquidation proceedings by W. F. Owen, receiver and another, against E. F. Anderson and others, Bank Examiners, From a decree overruling a demurrer to the petition, the hank examiners appeal.. This controversy grows out of the following state of facts: The Bank of Newton being insolvent, its affairs and estate were taken in charge for liquidation by E. F. Anderson, representing the hoard of hank examiners, under and by virtue of chapter 124, Laws 1914. The doors of the hank were closed in order…
1Opinion of the Court
Stevens, J.,
We are of the opinion that the petition of appellees sufficiently states a case for relief. The bid charges that the Bank of Newton had on deposit in the First National Bank of Meridian sufficient funds to pay the sight exchange given appellees. These funds on deposit in Meridian went into the hands of the bank examiners as a p'art of the assets. The only reason why this paper of the Bank .of Newton was dishonored was because the institution had gone into the hands of a receiver and its property was in custodia legis. If the bank had not failed, this sight exchange would have been…
2Cases cited1 opinion
- Citizens' Bank v. KretschmarMississippi Supreme Court · 1907
3Cited by3 opinions
- Kidder v. HallTexas Supreme Court · 1923
- Middlekauff v. State Banking BoardTexas Supreme Court · 1922
- State v. Tyler County State BankTexas Commission of Appeals · 1925