Legal Opinion

Board of Bank Examiners v. Grenada Bank

Mississippi Supreme Court

Decided April 28, 1924No. 24123PublishedCited by 7 opinions

Appeal from chancery court of Grenada county. Hon. Jas, G. McGowen, Chancellor. Suit by -the board of bank examiners against the Grenada Bank, administrator of the estate of W. H. Miers, deceased. Decree for defendant, and plaintiff appeals. This case presents only one question for decision. It is whether the claim for liability on the stock owned by W. M. Miers, deceased, in the Bank of Commerce, of Grenada, Mississippi, accrued before or after his death.

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Appeal from chancery court of Grenada county. Hon. Jas, G. McGowen, Chancellor. Suit by -the board of bank examiners against the Grenada Bank, administrator of the estate of W. H. Miers, deceased. Decree for defendant, and plaintiff appeals. This case presents only one question for decision. It is whether the claim for liability on the stock owned by W. M. Miers, deceased, in the Bank of Commerce, of Grenada, Mississippi, accrued before or after his death. If the claim accrued during the life of the deceased, it should have been probated against his estate, and it is now barred for failure to…

1Opinion of the CourtHolden, J.

The suit was in chancery by the state board of bank examiners against the stockholders of the Bank of Com*247merce, to recover the face value of the shares of capital stock owned by them at the time the bank was pnt in course of liquidation for the benefit of the depositors, whose claims were guaranteed by the state guaranty fund, under section 3619, Hemingway’s Code.

One of the defendants in the bill was the appellee, administrator of deceased, W. M. Miers, who owned several shares of the capital stock of the bank and who died four months after the bank was put in course of liquidation, and his…

2Cases cited2 opinions

  1. Pate v. Bank of NewtonMississippi Supreme Court · 1917
  2. Gulf & S. I. R. v. DanaMississippi Supreme Court · 1915

3Cited by7 opinions

  1. Smith v. FeschheimerSupreme Court of Florida · 1936
  2. Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1933
  3. Sledge & Norfleet Co. v. DyeMississippi Supreme Court · 1926
  4. Rather v. MooreMississippi Supreme Court · 1937
  5. Carothers v. LoveMississippi Supreme Court · 1934

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