Hepburn v. Kincannon
Mississippi Supreme Court
From the circuit court of Lee county. This was a suit upon two promissory notes executed by appellee to a national bank. The bank was placed in the hands of a receiver, appellant being appointed receiver. The second, fourth, and amended 'sixth pleas all averred, in variant forms, that the notes were executed for subscriptions to the capital stock of the bank. ' The plaintiff demurred to each of these pleas, and the court below overruled the demurrers.
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From the circuit court of Lee county. This was a suit upon two promissory notes executed by appellee to a national bank. The bank was placed in the hands of a receiver, appellant being appointed receiver. The second, fourth, and amended 'sixth pleas all averred, in variant forms, that the notes were executed for subscriptions to the capital stock of the bank. ' The plaintiff demurred to each of these pleas, and the court below overruled the demurrers. Judgment was rendered for defendant, and plaintiff appealed. The question is as to the validity of a note given for capital stock of a national…
1Opinion of the CourtWhitfield, J.
The only question involved in this case is, whether the receiver of a national bank can collect from a stockholder in said bank a note given for capital stock, and that he can is settled by the cases cited by counsel for appellant, in which the reasons are fully stated. See, especially, National Bank v. Case, 99 U. S., 628; Gold Mining Co. v. National Bank, 96 U. S., 640, and National Bank v. Matthews, 98 U. S., 621, and Logan County Bank v. Townsend, 139 U. S., 67, a case where, e converso, the bank was held liable.
The demurrers to the second, fourth and amended sixth pleas should have been…
2Cases cited4 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. CaseSupreme Court of the United States · 1879
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
3Cited by3 opinions
- Ellis Jones Drug Co. v. WilliamsMississippi Supreme Court · 1925
- Aldrich v. RiceMississippi Supreme Court · 1932
- St. Francois County Bank v. HawnMissouri Court of Appeals · 1927