Stallo v. Wagner
Court of Appeals for the Second Circuit
Cross-Appeals from the District Court of the United States for the Southern District of Ñew York. Bill in equity by Edmund K. Stallo against Petro E. Wagner, as receiver of the Mt. Vernon National Bank. Erom the decree, complainant appeals, and defendant files cross-appeal. Stallo wa's a depositor in the Mt.
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Cross-Appeals from the District Court of the United States for the Southern District of Ñew York. Bill in equity by Edmund K. Stallo against Petro E. Wagner, as receiver of the Mt. Vernon National Bank. Erom the decree, complainant appeals, and defendant files cross-appeal. Stallo wa's a depositor in the Mt. Vernon (Westchester County, N. X.) National Bank from October 2, 1909, until it was closed by the Comptroller of the Currency on or about March 24, 1911. . His account was last balanced on January 18,1911, and showed a credit of $36.69. Wagner is the receiver of the bank. From a time…
1Opinion of the CourtHough, District Judge
(after stating tbe facts as above). The bill is so drawn as to render it difficult to ascertain the branch of equitable jurisdiction upon which plaintiff relies. The sufficiency of the pleading has not been challenged at trial or on argument, and we have stated and taken the allegations most favorably to the pleader. As so construed the case falls within Dunbar v. Miller, 1 Brock. 85, Fed. Cas. 4,130, and Brydie v. Miller, 1 Brock. 147, Fed. Cas. No. 2,071, and, as to some of the claims advanced, Union Stockyards Bank v. Gillespie, 137 U. S. 411, 11 Sup. Ct. 118, 34 L. Ed. 724, and perhaps…
2Cases cited9 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
- Manhattan Bank of Memphis v. WalkerSupreme Court of the United States · 1889
- Hilliard v. LyonsCourt of Appeals for the Third Circuit · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re United States Hair Co.Court of Appeals for the Second Circuit · 1917