Rue v. Miller
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. On the 4th of February, 1897, the First National Bank of Franklin, Ohio, became insolvent, and was put in charge of the appellee, Joseph D. Miller, as receiver.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. On the 4th of February, 1897, the First National Bank of Franklin, Ohio, became insolvent, and was put in charge of the appellee, Joseph D. Miller, as receiver. At that time it was a creditor of the Franklin Paper Company, an Ohio corporation, in the sum of $53,602.87, and was also a stockholder in said company to the amount of $5,650, and had prior to that time held other stock it had disposed of, amounting to $5,650. On the 7th of July, 1896, the paper company having become…
1Opinion of the CourtWanty, District Judge
There is no dispute as to the judgment for $2,361.13, as it was for a fund in which only 11 creditors of the paper company were interested, of which the bank was not one, and its receiver, therefore, has no set-off against that judgment, and admits he must pay the full amount of dividends declared and to be declared on it.
The complainant receiver claims that the defendant receiver should also issue to him a certificate for the full amount of the $5,650 judgment, and should be decreed to pay such dividends as have been declared and will hereafter be declared upon the claims of other creditors,…
2Cases cited1 opinion
- Markell v. RaySupreme Court of Minnesota · 1898
3Cited by4 opinions
- Peurifoy, Receiver v. Gamble, ReceiverSupreme Court of South Carolina · 1927
- American Surety Co. v. City of AkronCourt of Appeals for the Sixth Circuit · 1938
- Hoffman v. GleasonCourt of Appeals for the Sixth Circuit · 1940
- Peurifoy, Receiver v. Gamble, ReceiverSupreme Court of South Carolina · 1927