Legal Opinion

Wallace v. Hood

U.S. Circuit Court for the District of Kansas

Decided August 18, 1898PublishedCited by 16 opinions

This is au action by plainüü, T. B. Wallace, receiver of the Missouri National Bank, at Kansas City, Mo., to recover of the defendant the sum of $10,000. — the amount of an assessment made upon him, as a shareholder in said bank, by the comptroller of the currency. The defendant became the purchaser of said stock in April, 1890. On the 3d day of December, 1890, the bank was taken charge of by the comptroller of the currency, and plaintiff' was appointed receiver thereof.

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This is au action by plainüü, T. B. Wallace, receiver of the Missouri National Bank, at Kansas City, Mo., to recover of the defendant the sum of $10,000. — the amount of an assessment made upon him, as a shareholder in said bank, by the comptroller of the currency. The defendant became the purchaser of said stock in April, 1890. On the 3d day of December, 1890, the bank was taken charge of by the comptroller of the currency, and plaintiff' was appointed receiver thereof. On the 30th day of July, 3897, the comptroller of the currency ma.de an assessment equal to the face value of the stock, as…

1Opinion of the CourtPhilips, District Judge

(after stating the facts). Deferring for later consideration the application of the motion and demurrer interposed to the last amended answer herein, a general discussion of the relation of the defendant to the creditors of the bank at the time of its declared insolvency and the appointment of a receiver will determine whether or not the matters pleaded in the answer constitute a good defense in law to the action brought by the receiver to recover the assessment made upon the defendant as a stockholder in the insolvent bank.

*13In respect of what may he termed the first defense, It is settled law…

2Cases cited29 opinions

  1. Scovill v. ThayerSupreme Court of the United States · 1882
  2. Kennedy v. GibsonSupreme Court of the United States · 1869
  3. Sanger v. UptonSupreme Court of the United States · 1875
  4. Sawyer v. HoagSupreme Court of the United States · 1873
  5. Casey v. GalliSupreme Court of the United States · 1877

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3Cited by16 opinions

  1. Scott v. AbbottCourt of Appeals for the Eighth Circuit · 1908
  2. Meholin v. CarlsonIdaho Supreme Court · 1910
  3. Gallin v. National City BankNew York Supreme Court · 1934
  4. Mitchell v. JosephCourt of Appeals for the Seventh Circuit · 1941
  5. Tourtelot v. BookerCourt of Appeals of Texas · 1913

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