Hamilton v. National Loan Bank
U.S. Circuit Court for the District of Western Missouri
[Appeal from the district court of the United States for the Western district of Missouri. [This was a proceeding by H. B. Hamilton, assignee in bankruptcy of the Lexington & St. Louis Railroad Company, against the National Loan Bank of St. Louis and M. W. Withers.] The county of Lafayette, in Missouri, in April, 1871, subscribed 820.000 to the stock of the Lexington & St. Louis Railroad Company, and to pay for the same executed twenty negotiable bonds of the same date, May…
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[Appeal from the district court of the United States for the Western district of Missouri. [This was a proceeding by H. B. Hamilton, assignee in bankruptcy of the Lexington & St. Louis Railroad Company, against the National Loan Bank of St. Louis and M. W. Withers.] The county of Lafayette, in Missouri, in April, 1871, subscribed 820.000 to the stock of the Lexington & St. Louis Railroad Company, and to pay for the same executed twenty negotiable bonds of the same date, May 1st, 1871, payable at the same time, with the same rate of interest, for one thousand dollars each, and numbered from 71…
1Opinion of the Court
DILLON, Circuit Judge.
It is very doubtful whether this case is properly before the court upon the appeal of the assignee, or whether any errors of law appear of record properly saved by bill of exceptions or special findings of fact. But as counsel have made no questions of this kind, and have argued the case in this court upon the merits, and as upon the merits it must be affirmed, I will dispose of it upon the assumption that it is rightfully here and that the material facts are those appearing in the statement of the case.
This is a contest between the bank and the assignee in bankruptcy of…
2Cases cited9 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Young v. MilesWisconsin Supreme Court · 1866
- Chapman v. ShepardSupreme Court of Connecticut · 1872
- Massmann v. HolscherSupreme Court of Missouri · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Foster v. Frampton-Foster Lumber Co.West Virginia Supreme Court · 1924