Platt v. Beach
District Court, E.D. New York
This was a suit brought by the plaintiff [Frederick A. Platt, receiver of the Farmers’ and Citizens’ National Bank] to recover a sum of money, alleged by the plaintiff to have been due from the defendant [Oren M. Beach] to the bank, of which the plaintiff was appointed receiver by the comptroller of the treasury, with the concurrence of the secretary of the treasury, under the provisions of the thirty-first section of the national banking act (13 Slat. p. 99, § 31). The…
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This was a suit brought by the plaintiff [Frederick A. Platt, receiver of the Farmers’ and Citizens’ National Bank] to recover a sum of money, alleged by the plaintiff to have been due from the defendant [Oren M. Beach] to the bank, of which the plaintiff was appointed receiver by the comptroller of the treasury, with the concurrence of the secretary of the treasury, under the provisions of the thirty-first section of the national banking act (13 Slat. p. 99, § 31). The defendant demurred to the complaint, assigning as the grounds of his demurrer: First. That this court had no jurisdiction of…
1Opinion of the Court
BENEDICT, District Judge.
This is an action at common law, brought by a receiver of a national bank. A demurrer has been interposed to the complaint, for the purpose of raising the question of the right of the plaintiff to maintain such an action in a court of the United States. The claim to this right, on the part of the plaintiff, is based solely upon the fourth section of the act of March 3, 1S15, it being conceded that there is no provision in the act creating the national banks, which expressly gives to the national courts jurisdiction of such an action. The provision in the act,of 1815…
2Cited by19 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
- Price v. AbbottU.S. Circuit Court for the District of Massachusetts · 1883
- Baird v. LeforNorth Dakota Supreme Court · 1924
- Aldrich v. CampbellCourt of Appeals for the Ninth Circuit · 1899
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