Cobe v. Hackney
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. George Hackney in his lifetime was a stockholder of the First National Bank of Topeka. In July, 1905, the bank failed, and James T. Bradley was appointed receiver. Immediately thereafter the comptroller of the currency, for the purpose of enforcing the individual liability of the stockholders of the bank under the provisions of the national banking act, made an assessment of 100 per cent upon each share of stock.
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Appeal from Shawnee district court. STATEMENT. George Hackney in his lifetime was a stockholder of the First National Bank of Topeka. In July, 1905, the bank failed, and James T. Bradley was appointed receiver. Immediately thereafter the comptroller of the currency, for the purpose of enforcing the individual liability of the stockholders of the bank under the provisions of the national banking act, made an assessment of 100 per cent upon each share of stock. August 7, 1905, George Hackney paid twenty-five per cent of his assessment in cash, and executed three promissory notes for the…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
There is no dispute as to the facts. The order of the district court directed the receiver to sell to the plaintiff certain assets of the bank and also “any and all claims against stockholders.” The exact language of the federal statute which it is claimed by the plaintiff authorized the district court of Shawnee county to make the order in question reads as follows:
“Such receiver, under the direction of the comptroller, ... upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on…
2Cases cited8 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Richmond v. IronsSupreme Court of the United States · 1887
- National Bank v. CaseSupreme Court of the United States · 1879
- Manley v. ParkSupreme Court of Kansas · 1904
- Greene v. McAuleySupreme Court of Kansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hood Ex Rel. United Bank & Trust Co. v. Richardson Realty, Inc.Supreme Court of North Carolina · 1937
- Lebo State Bank v. BoothSupreme Court of Kansas · 1922
- Wagner ex rel. Molner v. South Chicago Sav. BankCourt of Appeals for the Seventh Circuit · 1944
- Richardson v. Business Men's Protective Ass'nSupreme Court of Kansas · 1930