Legal Opinion

Pinckney v. Wylie

Court of Appeals for the Fifth Circuit

Decided November 25, 1936No. 8098PublishedCited by 4 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

This appeal by the receiver oí a national bank presents' these questions: First, whether a creditor of the bank having a debt for which the bank is surety, and there being real estate security of the principal debtor, can have ratable dividends from the bank’s assets upon the full amount of his debt as it stood at the time the receiver was appointed, or whether the receiver can require that the security be first realized and dividends allowed only on the balance; second, whether a court of the United States can, pending the dispute, enjoin further payments by the…

2Cases cited10 opinions

  1. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  2. Hill v. HoeldtkeTexas Supreme Court · 1912
  3. Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
  4. Spann v. Cochran & EwingTexas Supreme Court · 1885
  5. Glades County, Fla. v. Detroit Fidelity & Surety Co.Court of Appeals for the Fifth Circuit · 1932

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Citizens State Bank of Lometa v. Federal Deposit Insurance Corporation as Receiver of North Central National BankCourt of Appeals for the Fifth Circuit · 1991
  2. First Empire Bank-New York v. Federal Deposit InsuranceCourt of Appeals for the Ninth Circuit · 1978
  3. Fash v. First Nat. Bank of Alva, Okl.Court of Appeals for the Tenth Circuit · 1937
  4. First Empire Bank-New York (By Its Successor in Interest Manufacturers & Traders Trust Co. Of Buffalo, New York, a New York Banking Corporation), and Societe Generale, a French Banking Corporation v. Federal Deposit Insurance Corporation and Federal Deposit Insurance Corporation as Receiver of United States National Bank, Federal Deposit Insurance Corporation and Federal Deposit Insurance Corporation as Receiver of United States National Bank, Counterclaimants-Cross-Appellants v. First Empire Bank-New York and Societe Generale, Counterdefendants-Cross-AppelleesCourt of Appeals for the First Circuit · 1978

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