Stuart v. Hayden
Court of Appeals for the Eighth Circuit
Appeal from ihe Circuit Coui-t of the United States for tlie District of Nebraska. On December 23, 1892, tlie Capital National Bank of Lincoln, Neb., -was, and for eight years theretofore liad been, a national banking association incorporated and doing business as such under the acts of congress relative to national banks.
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Appeal from ihe Circuit Coui-t of the United States for tlie District of Nebraska. On December 23, 1892, tlie Capital National Bank of Lincoln, Neb., -was, and for eight years theretofore liad been, a national banking association incorporated and doing business as such under the acts of congress relative to national banks. It had a nominal capital of $300,000. On January 23, 1893, this banking association failed, and in March of that year Kent K. Hayden, one of the appellees, was appointed receiver of this bank by the comptroller-of the currency of the United States. When the bank failed in…
1Opinion of the CourtSanborn, Circuit Judge
The capital, the unpaid subscriptions to the capital stock, and the liability of the holders of stock that is paid for to pay an additional amount equal to the par value of their stock under section 5151, Rev. Bt., are all parts of a trust estate sacredly pledged for the security of the creditors of a national banking association organized under the national banking acts. „ The willful destruction or diminution of any part of this trust estate, or the diversion of the proceeds of any of it from the (auditors of the bank, is a fraud upon these creditors, and subjects its perpetralor to a suit…
2Cases cited29 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Peters v. BainSupreme Court of the United States · 1890
- National Bank v. CaseSupreme Court of the United States · 1879
- National Bank v. ColbySupreme Court of the United States · 1875
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3Cited by53 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Denny v. GuytonSupreme Court of Missouri · 1931
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
48 more not listed; retrieve them via the Exa API.