Deweese v. Smith
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of tbe United States for the Western District of Missouri. This is an action at taw by the receiver of an insolvent national bank to collect a second assessment made by the comptroller of the currency upon its stockholders.
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In Error to the Circuit Court of tbe United States for the Western District of Missouri. This is an action at taw by the receiver of an insolvent national bank to collect a second assessment made by the comptroller of the currency upon its stockholders. In his petition the receiver alleged that-the comptroller made an assessment of 75 per cent, of the par value of the stock on April 13, 1895, payable May 35, 1895; that he subsequently found that the amount so assessed was insufficient to pay the debts of the bank; that an additional amount equal to 25 per cent, of the par value of the stock…
1Opinion of the CourtSanborn, Circuit Judge
Can the comptroller of the currency lawfully make and collect by actions at law in the name of the receiver more than one requisition or assessment upon a stockholder of an insolvent national bank in order to pay its debts? This is the chief question in this case. It is earnestly contended on the part of the defendants that this question must be answered in the negative, (1) because the liability of the stockholder is contractual, indivisible, and cannot be split into several causes of action; (2) because this was the construction and practice of the treasury department for 33 years before…
2Cases cited33 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Scovill v. ThayerSupreme Court of the United States · 1882
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Hawkins v. GlennSupreme Court of the United States · 1889
- Casey v. GalliSupreme Court of the United States · 1877
28 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Ames v. American National BankSupreme Court of Virginia · 1934
- Broderick v. RosnerSupreme Court of the United States · 1935
- Adams v. NagleSupreme Court of the United States · 1938
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
41 more not listed; retrieve them via the Exa API.