Bank v. Kennedy
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. Kennedy, receiver of the Merchants’ National Bank, brought suit in'the court below against the National Bank of the Metropolis, .to recover the balance alleged to be due on a check for $50,000, dated May 1st, 1866, drawn by one Robinson on the said Bank of the Metropolis, in favor of the said Merchants’ Bank, and duly presented for payment.
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Error to the Supreme Court of the District of Columbia. Kennedy, receiver of the Merchants’ National Bank, brought suit in'the court below against the National Bank of the Metropolis, .to recover the balance alleged to be due on a check for $50,000, dated May 1st, 1866, drawn by one Robinson on the said Bank of the Metropolis, in favor of the said Merchants’ Bank, and duly presented for payment. On presentation of the check the Bank of the Metropolis admitted its obligation to pay it, but as part payment thereof, delivered to the messenger of the Merchants’ Bank a note of C. A. Sherman,…
1Opinion of the CourtJustice Bradley
The first and second errors assigned are that the plain till-, who is a receiver appointed by the comptroller of the currency under the fiftieth section of the National Banking Law, is not entitled to bring suit without the authority or direction of the said comptroller — which is not alleged or shown in this case; and that the action cannot he maintained by the receiver in his own name as such.
These objections are based upon the language of the act referred to, as well as the general nature of the receiver’s office. The statute * enacts:
“ That on becoming satisfied, as specified in this act,…
2Cited by70 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Gamble v. DanielCourt of Appeals for the Eighth Circuit · 1930
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Fidelity & Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1995
- McBriety v. PhillipsCourt of Appeals of Maryland · 1942
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