Legal Opinion

Stanton v. Wilkeson

District Court, S.D. New York

Decided February 15, 1876PublishedCited by 21 opinions

[This is a suit to recover an assessment, by Edwin L. Stanton, receiver of the First National Bank of Washington, D. C., against Catherine C. Wilkeson. Heard on demurrer.]

1Opinion of the Court

BLATCHFORD, District Judge.

The plaintiff is the receiver of a national bank, which was organized under the act of February 25, 1863 (12 Stat. 665). The defendant at the time the bank suspended, was the holder of 100 shares of its capital stock, of the par value of $10,000. This suit is brought to recover an assessment of 60 per cent., or $6,-000, thereon. The complaint is demurred to.

The first ground of demurrer is, that the plaintiff has no capacity to sue. It is contended that, as section 721 of the Revised Statutes provides that “the laws of the several states, except where the…

2Cases cited1 opinion

  1. Sanger v. UptonSupreme Court of the United States · 1875

3Cited by21 opinions

  1. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  2. McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
  3. Bennett v. WheatleySupreme Court of Georgia · 1922
  4. Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
  5. Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899

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