Legal Opinion

State v. Commercial & Savings Bank

Nebraska Supreme Court

Decided June 6, 1893No. 5218PublishedCited by 1 opinion

Original action to wind up the affairs of the Commercial & Savings Bank of Kearney, Nebraska, under the banking law of 1889. Henry Gibbons, receiver, filed a petition for an order to require the Mutual Loan & Investment Company and S. 5. St. John to surrender and deliver to him, as receiver of tbe Commercial & Savings Bank of Kearney, certain notes and other things of value obtained by them from John Barnd, cashier, and wrongfully withheld.

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Original action to wind up the affairs of the Commercial & Savings Bank of Kearney, Nebraska, under the banking law of 1889. Henry Gibbons, receiver, filed a petition for an order to require the Mutual Loan & Investment Company and S. 5. St. John to surrender and deliver to him, as receiver of tbe Commercial & Savings Bank of Kearney, certain notes and other things of value obtained by them from John Barnd, cashier, and wrongfully withheld. Answers were filed, and the cause referred to Henry C. Andrews. His findings were against the respondents.

1Opinion of the Court

Ryan, C.

The Commercial & Savings Bank of Kearney was organized under the laws of this state in the fall of the year of 1889, and as such bank transacted business until and including January 30,1892. On this last named date, and for some time previous thereto, Sylvester S. St. John was president of said bank, at the time being secretary of the Mutual Loan & Investment Company of Kearney, while John Barnd, contemporaneously, was cashier of the aforesaid bank. About half past 8 o’clock P. M. of January 30, 1892 (which was Saturday) there was executed between the Mutual Loan & Investment Company,…

2Cases cited2 opinions

  1. State v. Commercial State BankNebraska Supreme Court · 1890
  2. State ex rel. Webster v. Board of County CommissionersNebraska Supreme Court · 1886

3Cited by1 opinion

  1. State v. State BankNebraska Supreme Court · 1894

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