Brown v. American Bonding Co. of Baltimore
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States, for the District of Montana; George M. Borquin, Judge. Action by the American Bonding Company of Baltimore, Md., against Arthur H. Brown, as receiver of the First Trust & Savings Bank of Billings, Mont. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
ROSS, Circuit Judge.
The question in this case is the alleged right of the appellee (complainant in the court below) to be subrogated to an alleged priority which it claims that the state of Montana had in the assets of the insolvent bank of which the appellant is receiver, over the general creditors of the bank. The case was heard upon the bill and answer, the material allegations of the former being expressly admitted by the latter. Those allegations are, in substance, that while the bank was carrying on its business the state of Montana was one of its depositors, having $25,000 of its money…
2Cases cited15 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
- Matter of Carnegie Trust CompanyNew York Court of Appeals · 1912
- Central Trust Co. v. New York City & Northern RailroadNew York Court of Appeals · 1888
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3Cited by7 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Montgomery v. StateSupreme Court of Alabama · 1934
- National Surety Co. v. PixtonUtah Supreme Court · 1922
- Aetna Casualty & Surety Co. v. MooreWashington Supreme Court · 1919
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