Scott v. Latimer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought in the United States circuit court for the Western district of Missouri, by W. A. Latimer, receiver of the First National Bank of Sedalia, to recover from George H. Scott an assessment made by the comptroller of the currency upon the capital stock of the named bank, it being claimed that Scott owned and held 50 shares of the stock.
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In Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought in the United States circuit court for the Western district of Missouri, by W. A. Latimer, receiver of the First National Bank of Sedalia, to recover from George H. Scott an assessment made by the comptroller of the currency upon the capital stock of the named bank, it being claimed that Scott owned and held 50 shares of the stock. In the answer filed it was admitted that the bank had been duly incorporated in 18G5; that it closed its doors and was put in liquidation in May, 1894,…
1Opinion of the CourtShiras, District Judge
Prom the foregoing statement of facts it appears that the plaint ill in error relies upon two distinct grounds of defense to the claim asserted by the receiver; the one being that the plaintiff in error never was a stockholder in the bank, because the whole amount of the proposed increase of the capital stock was not in fact paid in to the t>ank, and the other being (hat the plaintiff' in error is entitled to rescind the contract by which he became a purchaser of stock in the bank for two reasons: First, because his subscription was conditioned upon the payment in full of all the proposed…
2Cases cited25 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. KirbySupreme Court of the United States · 1869
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sawyer v. HoagSupreme Court of the United States · 1873
- National Bank v. CaseSupreme Court of the United States · 1879
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3Cited by35 opinions
- Ames v. American National BankSupreme Court of Virginia · 1934
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- Scott v. AbbottCourt of Appeals for the Eighth Circuit · 1908
- Ratcliff v. ClendeninCourt of Appeals for the Eighth Circuit · 1916
- Cartwright v. HughesSupreme Court of Alabama · 1933
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