Legal Opinion

Webb v. Powell

Court of Appeals for the Fifth Circuit

Decided February 5, 1937No. 8153PublishedCited by 12 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This suit, in form, in equity for an accounting for, was in fact for, money had and received as the proceeds of collateral which had been pledged by the bank to secure the deposits of the railway company. The claim was that the agreement for security was ultra vires, and the sale of the collateral ,p.nd payment of the proceeds to the receivers unauthorized in law. Upon allegations that the receivers had thereby received payment in full of their deposit when other depositors had received only 37% per cent., the prayer was for recov-' ery of the excess.

The defenses were…

2Cases cited22 opinions

  1. Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
  2. Hughes v. ReedCourt of Appeals for the Tenth Circuit · 1931
  3. Curtis v. ConnlySupreme Court of the United States · 1921
  4. Baker v. CummingsSupreme Court of the United States · 1898
  5. Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912

17 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Company v. Latrobe Die Castingcompany, Third-PartyCourt of Appeals for the Third Circuit · 1967
  2. Leon Klein v. Robert R. Frank, and Peter Strelkow, Etc.Court of Appeals for the Fifth Circuit · 1976
  3. Nuveen v. Board of Public Instruction of Gadsden CountyCourt of Appeals for the Fifth Circuit · 1937
  4. Julius Hyman v. Joseph RegensteinCourt of Appeals for the Fifth Circuit · 1955
  5. Morey MacHinery Co., Inc. v. Great Western Industrial MacHinery CompanyCourt of Appeals for the Fifth Circuit · 1975

7 more not listed; retrieve them via the Exa API.

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