Cadle v. Baker
Supreme Court of the United States
Error to the District Court for the Middle District of Alabama; -the case being thus : The forty-sixth and forty-seventh sections of the National, Currency Act,* provide that if any of the banks which it authorizes fail to redeem their notes, the holder may have the notes protested; and that notice of the protest shall be forwárded to the Comptroller of the Currency; that upon receiving notice of such failure to redeem, the-comptroller shall send a special agent to ascertain…
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Error to the District Court for the Middle District of Alabama; -the case being thus : The forty-sixth and forty-seventh sections of the National, Currency Act,* provide that if any of the banks which it authorizes fail to redeem their notes, the holder may have the notes protested; and that notice of the protest shall be forwárded to the Comptroller of the Currency; that upon receiving notice of such failure to redeem, the-comptroller shall send a special agent to ascertain the facts; and if, on the report pf ■ such agent, he shall bo satisfied of the failure, he shall declare the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We think such averments as the defendant alleges to be necessary and the want of which he has assigned for cause of demurrer, were not necessary. The debtors of a bank, when sued by a receiver, cannot inquire into the legality of his appointment. It is sufficient for the purposes of such a suit that he has been appointed and is receiver in fact.' As to debtors, the action of «the - comptroller in making the appointment is conclusive until set aside on the application of the bank. The bank may move in that behalf, but the debtor cannot.…
2Cited by21 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Grant v. A. B. Leach & Co.Supreme Court of the United States · 1930
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- McCaskill v. Chattahoochee Fertilizer Co.Supreme Court of Georgia · 1929
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
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