Legal Opinion

Fisher v. Whiton

Supreme Court of the United States

Decided December 7, 1942No. 85PublishedCited by 16 opinions

1Opinion of the CourtJustice Murphy

In Rawlings v. Ray, 312 U. S. 96, we decided that state statutes of limitations govern the time within which to enforce the liability imposed upon stockholders of insolvent national banks by assessments levied by the Comptroller of the Currency; that the question as to the time when a complete and present cause of action arises in the receiver to enforce that liability by suit is a federal question; that nothing in the applicable statutes, 12 U. S. C. §§ 63, 64, 191, 192, prevents the Comptroller in making an assessment from fixing a later date for payment; and, that suit cannot be instituted…

2Cases cited9 opinions

  1. Rawlings v. RaySupreme Court of the United States · 1941
  2. Pufahl v. Estate of ParksSupreme Court of the United States · 1936
  3. City of Knoxville v. GervinTennessee Supreme Court · 1936
  4. Korbly v. Springfield Institution for SavingsSupreme Court of the United States · 1917
  5. Hill v. Castner-Knott Dry Goods Co.Court of Appeals of Tennessee · 1942

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3Cited by16 opinions

  1. Cope v. AndersonSupreme Court of the United States · 1947
  2. Woods v. StoneSupreme Court of the United States · 1948
  3. United States v. Lovknit Mfg. Co., Inc.Court of Appeals for the Fifth Circuit · 1951
  4. Isaac Donald Everly v. Patrice EverlyCourt of Appeals for the Sixth Circuit · 2020
  5. Chung v. Pomona Valley Community HospitalCourt of Appeals for the Ninth Circuit · 1982

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