Legal Opinion

American Bonding Co. of Baltimore v. Reynolds

District Court, D. Montana

Decided February 11, 1913No. 236PublishedCited by 14 opinions

In Equity. Suit by the American Bonding Company of Baltimore, Md., against S. G. Reynolds, as receiver of the First Trust & Savings Bank of Billings, Mont. Decree for complainant.

1Opinion of the Court

BOURQUIN, District Judge.

[1] Complainant seeks to recover a debt due the state of Montana from an insolvent bank of which defendant is receiver'by virtue of appointment by a competent court on petition, by said state by statutory authority, the debt being for public funds deposited in said bank by the state treasurer, for which complainant was surety, all by statutory authority, and which debt it paid. The funds of said bank are insufficient to pay all creditors. Complainant contends that public debts are entitled to priority, in that the state, having adopted the common law of England,…

2Cases cited5 opinions

  1. Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
  2. United States v. State Bank of NCSupreme Court of the United States · 1832
  3. Cook County National Bank v. United StatesSupreme Court of the United States · 1883
  4. In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Central Trust Co. of New York v. Third Ave. R.Court of Appeals for the Second Circuit · 1911

3Cited by14 opinions

  1. Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
  2. Bassett v. City Bank & Trust Co.Supreme Court of Connecticut · 1932
  3. Montgomery v. StateSupreme Court of Alabama · 1934
  4. Buena Vista County v. Marathon Savings BankSupreme Court of Iowa · 1924
  5. Ghingher v. PearsonCourt of Appeals of Maryland · 1933

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