Williams v. Rose
District Court, D. New Jersey
At Law. Action by Christopher L. Williams, as receiver of the First National Bank of Bayonne, N. J., against Julius A. Rose. On motion to strike out defendant’s answer. Denied without prejudice. The First National Bank of Bayonne became insolvent upon December 8, 1913, and in due course plaintiff became receiver.
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At Law. Action by Christopher L. Williams, as receiver of the First National Bank of Bayonne, N. J., against Julius A. Rose. On motion to strike out defendant’s answer. Denied without prejudice. The First National Bank of Bayonne became insolvent upon December 8, 1913, and in due course plaintiff became receiver. The complaint alleges that about October 20, 1913, Joseph Hochstein made and delivered his promissory note, dated at Bayonne, N. J., October 20, 1913, and promising to pay to the order of himself $1,225 at the First National Bank of Bayonne. The note was due December 20, 1913. The…
1Opinion of the CourtHunt, Circuit Judge
(after staling the facts as above). The first question presented by the motion is whether the defendant, who al*900leges that he is'primarily liable upon the notes, although an indorser, may offset the notes against his deposit account with the bank, which has failed; and the second is whether a stockholder, who has not paid the assessment upon his national bank stock, may offset his deposit in the bank, which has failed, against the assessment demanded under the provisions of the National Banking Act.
[1] 1. The first question seems to have been considered very often, and a number of…
2Cases cited13 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Scovill v. ThayerSupreme Court of the United States · 1882
- Delano v. ButlerSupreme Court of the United States · 1886
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Yardley v. ClothierCourt of Appeals for the Third Circuit · 1892
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3Cited by16 opinions
- Duke v. ForceWashington Supreme Court · 1922
- Andrew v. Farmers Trust & Savings BankSupreme Court of Iowa · 1927
- Willing v. BinenstockSupreme Court of the United States · 1937
- Farmers State Bank v. ReedSupreme Court of Kansas · 1923
- Williams v. . ColemanSupreme Court of North Carolina · 1925
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