Sargent v. American Bank & Trust Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit brought by S. Gr. Sargent, as superintendent of banks of the State of Oregon, on behalf of • all the creditors of the American Bank & Trust Company against said bank and L. 0. Ralston, in which it is sought to secure a decree against the defendant Ralston for the sum of $34,300, with legal interest alleged to be due the bank on account of certain transactions between him and…
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From Multnomah: Robert Gr. Morrow, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit brought by S. Gr. Sargent, as superintendent of banks of the State of Oregon, on behalf of • all the creditors of the American Bank & Trust Company against said bank and L. 0. Ralston, in which it is sought to secure a decree against the defendant Ralston for the sum of $34,300, with legal interest alleged to be due the bank on account of certain transactions between him and the defendant bank. The complaint states two causes of action. The first of them may be summarized as follows: “The…
1Opinion of the Court · McBrideJustice McBride
1. At the threshold of the discussion of this very intricate case we are met with the suggestion that the superintendent of banks has not the legal capacity to maintain this suit. It must be premised that the authority of that officer is purely statutory, and unless it is given in express language or by necessary implication from the language used, he does not possess it. *26Section 4586, L. O. L., as amended by the Laws of 1911, Chapter 171, provides, among other things, that the superintendent of banks may, under certain circumstances (shown to exist here), take possession of the property and…
Also in this document: Opinion of the Court · Harris.
2Cases cited36 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Case v. TerrellSupreme Court of the United States · 1871
- Graham v. MerchantOregon Supreme Court · 1903
- Seton v. HoytOregon Supreme Court · 1899
- State ex rel. Page v. SmithSupreme Court of Vermont · 1876
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3Cited by42 opinions
- Bramwell v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1925
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Case v. McKinnisOregon Supreme Court · 1923
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Cornely v. CampbellOregon Supreme Court · 1920
37 more not listed; retrieve them via the Exa API.