St. Louis v. Johnson
U.S. Circuit Court for the District of Eastern Missouri
In equity. The city of St. Louis and the-receiver of the National Bank of the State of Missouri respectively claim to be entitled to the sum of $29,564.29 currency, and $8.-570.60 gold, on deposit June 20th, 1877, to the credit of the above named bank, in the Bank of the Republic, in New York. Briefly, the material facts, as shown by the proofs, are these: The National Bank of the State of Missouri suspended payment and closed its doors on June 19th. 1S77, and the defendant.
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In equity. The city of St. Louis and the-receiver of the National Bank of the State of Missouri respectively claim to be entitled to the sum of $29,564.29 currency, and $8.-570.60 gold, on deposit June 20th, 1877, to the credit of the above named bank, in the Bank of the Republic, in New York. Briefly, the material facts, as shown by the proofs, are these: The National Bank of the State of Missouri suspended payment and closed its doors on June 19th. 1S77, and the defendant. Johnson, is the receiver thereof, duly appointed, under the act of congress, by the comptroller of currency. From 1S70,…
1Opinion of the Court
DILLON, Circuit Judge.
The receiver succeeds to all the rights of the National Bank of the State of Missouri; and, as there is no question of fraud, actual or constructive, in the case, he succeeds only to the rights of the bank as against the city to the balance on hand in the Bank of the Republic at the date of the failure of the Missouri bank.
As between the Missouri bank and the city, did those moneys in the Bank of the Republic belong to the city? Suppose the Missouri bank had not failed, and a contest had arisen between it and the city as to the balance on hand in the Hank of the…
2Cited by10 opinions
- Peak v. EllicottSupreme Court of Kansas · 1883
- Bryan, as Admrx. Coconut Grove Bank Tr. Co.Supreme Court of Florida · 1931
- Union National Bank v. HillSupreme Court of Missouri · 1899
- Sokoloff v. National City BankNew York Supreme Court · 1927
- People v. California Safe Deposit & Trust Co.California Court of Appeal · 1913
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