Legal Opinion

Rosenblatt v. Johnston

Supreme Court of the United States

Decided January 16, 1882No. 667PublishedCited by 56 opinions

- Appeal from the Circuit Court of the United States for the' Eastern District of Missouri. This is a bill in equity, filed Sept. 80, 1880, by Rosenblatt, collector'of the city of St. Louis, against Johnston, receiver'of the National Bank of the State of Missouri. The bank was duly incorporated pursuant to the act of Congress of June 3, 1864, c. 106 (13 Stat. p. 99), and the acts amendatory thereof, and had its situs in that city.

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- Appeal from the Circuit Court of the United States for the' Eastern District of Missouri. This is a bill in equity, filed Sept. 80, 1880, by Rosenblatt, collector'of the city of St. Louis, against Johnston, receiver'of the National Bank of the State of Missouri. The bank was duly incorporated pursuant to the act of Congress of June 3, 1864, c. 106 (13 Stat. p. 99), and the acts amendatory thereof, and had its situs in that city. It suspended payment June 9, 1877. Shortly thereafter Johnston was, -by the Comptroller of the Currency, ‘appointed such receiver. He then took possession of its…

1Opinion of the CourtChief Justice Waite

The .single question in this case is, whether the personal assets and personal property of an insolvent national bank in the hands of a receiver appointed by the Comptroller of the Currency, in accordance with the provision of sect. 5234 of the" Éevised Statutes, are exempt from taxation under State laws, and we have no hesitation in saying that in our opinion they are. Such property and assets, in legal contemplation, still belong to the bank, though in tfie hands of a receiver, to be' administered under the law. The bank did not cease to exist on the appointment of the receiver. Its…

2Cases cited1 opinion

  1. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872

3Cited by56 opinions

  1. Des Moines National Bank v. FairweatherSupreme Court of the United States · 1923
  2. United States v. WeitzelSupreme Court of the United States · 1918
  3. Chemical National Bank v. Hartford Deposit Co.Supreme Court of the United States · 1896
  4. Maldonado v. FlynnCourt of Chancery of Delaware · 1980
  5. State ex rel. Rankin v. Madison State BankMontana Supreme Court · 1923

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