Legal Opinion

United States v. Weitzel

Supreme Court of the United States

Decided April 15, 1918No. 567PublishedCited by 96 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The case is stated in the opinion. The powers, functions, and duties of a national bank receiver are such as to constitute him an “agent” of the bank, within the broad meaning of that word, as used in Revised Statutes, § 5209. It should be noted that a statutory receiver of a national banking association is not the officer of, nor appointed by, or responsible to, any court.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The case is stated in the opinion. The powers, functions, and duties of a national bank receiver are such as to constitute him an “agent” of the bank, within the broad meaning of that word, as used in Revised Statutes, § 5209. It should be noted that a statutory receiver of a national banking association is not the officer of, nor appointed by, or responsible to, any court. In re Chetwood, 165 U. S. 443, 458. He, is appointed by the Comptroller of the Currency to act for the bank, in pursuance of special…

1Opinion of the CourtJustice Brandeis

The Comptroller of the Currency is charged with the duty of supervising national banks. When he deems it necessary to take possession of the assets of a bank and assume control of its operations, he appoints a receiver under Rev. Stats., § 5234. Weitzel, so appointed receiver, was indicted in the District Court of the United States for the Eastern District of Kentucky under Rev. Stats., § 5209, for embezzlement and making false entries. That, section does not mention receivers, but provides that “every president, director, cashier, teller, clerk, or agent” of a national bank who commits these…

2Cases cited12 opinions

  1. United States v. GermaineSupreme Court of the United States · 1879
  2. In Re ChetwoodSupreme Court of the United States · 1897
  3. United States v. ChaseSupreme Court of the United States · 1890
  4. Todd v. United StatesSupreme Court of the United States · 1895
  5. Andrews v. United StatesSupreme Court of the United States · 1896

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3Cited by96 opinions

  1. Iselin v. United StatesSupreme Court of the United States · 1926
  2. Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938
  3. United States v. CardiffSupreme Court of the United States · 1952
  4. Pufahl v. Estate of ParksSupreme Court of the United States · 1936
  5. Carroll v. StateCourt of Criminal Appeals of Alabama · 1992

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