Beckham, Receiver v. Shackelford
Court of Appeals of Texas
Appeal from El Paso. Tried below before Hon. F. E. Hunter. 1. No estoppel can arise out of any act forbidden by law, and as the powers and duties of a receiver of a national bank appointed by the Comptroller of the Currency are governed by positive law, and preferences prohibited, an attempt by a receiver to give a preference to a creditor can not be set up as an estoppel. As to transaction being void: Rev. Stats. H. S., secs. 5234, 5236, 5242; Scott v. Armstrong, 146 IT.
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Appeal from El Paso. Tried below before Hon. F. E. Hunter. 1. No estoppel can arise out of any act forbidden by law, and as the powers and duties of a receiver of a national bank appointed by the Comptroller of the Currency are governed by positive law, and preferences prohibited, an attempt by a receiver to give a preference to a creditor can not be set up as an estoppel. As to transaction being void: Rev. Stats. H. S., secs. 5234, 5236, 5242; Scott v. Armstrong, 146 IT. S., 499; Bank v. Colby, 88 U. S., 613; Snyder Sons Co. v. Armstrong, 37 Fed. Rep., 18; Ellis v. Little, 27 ¿an., 707;…
1Opinion of the Court
JAMES, Chief Justice.
R. E. Beckham, in the capacity of receiver of the El Paso National Bank, sued appellees on a note signed by E. L. Shackelford and Millard Patterson, originally for $700, dated April 19, 1893, due four months thereafter, with 10 per cent interest per annum (reduced by payment of interest to August 19, 1893, and a credit of $291.27 in November, 1893), alleging, in substance, that on September 2, 1893, he was appointed by the Comptroller of the Currency receiver of said bank, which had suspended on account of in solvency, on. August 2,1893. That of the assets of said bank,…
2Cases cited2 opinions
- Ellis v. LittleSupreme Court of Kansas · 1882
- Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
3Cited by5 opinions
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- People's State Bank v. FrancisNorth Dakota Supreme Court · 1899
- Armstrong v. WoolleyCourt of Appeals for the Fifth Circuit · 1937
- Snyder, Receiver v. Shaffer's Drug StoreSupreme Court of Arkansas · 1936
- Tourtelot v. BookerCourt of Appeals of Texas · 1913