McDonald v. Thompson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. On the 23d day of January, 1893, the Capital National Bank of Lincoln, Neb., failed, and on the 6th day of February, 1893, the comptroller of the currency appointed a receiver for the same.
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Appeal from the Circuit Court of the United States for the District of Nebraska. On the 23d day of January, 1893, the Capital National Bank of Lincoln, Neb., failed, and on the 6th day of February, 1893, the comptroller of the currency appointed a receiver for the same. On the 10th day of June, 1893, the comptroller ordered an assessment on the stockholders of the hank to the amount of the par value of the shares, payable July 10, 1893. This suit in equity was brought on the 20th day of May, 1898, by Kent K. Hayden, as receiver of. the bank, the predecessor in office of the present receiver…
1Opinion of the CourtCaldwell, Circuit Judge
The demurrer raises several questions, hut it is unnecessary to pass on any other than that based on the plea of the statute of limitations. The provisions of the Nebraska statute of limitations applicable to the case read as follows:
“Sec. 5. Civil actions can only he commenced within the time prescribed in this title after the cause of action shall have accrued.”
“Sec. 11. Within four years an action upon a contract not in writing express or implied; an action upon a liability created by statute other than a forfeiture or penalty.”
Comp. St. Neb.
*184Whether the liability of a stockholder is…
2Cases cited7 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Glenn v. MarburySupreme Court of the United States · 1892
- Carrol v. GreenSupreme Court of the United States · 1876
- Van Pelt v. GardnerNebraska Supreme Court · 1898
- Thompson v. German Ins. Co.U.S. Circuit Court for the District of Nebraska · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Downey v. PalmerDistrict Court, S.D. New York · 1939