Whitman v. National Bank
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the National Bank of Oxford, Pá., against George L. Whitman, to charge him, as a stockholder, with the amount of a judgment obtained by plaintiff against a Kansas corporation. The circuit court directed a verdict for the plaintiff, and entered judgment accordingly (76 Fed. 697), and the defendant brought the case to this court on writ of error.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the National Bank of Oxford, Pá., against George L. Whitman, to charge him, as a stockholder, with the amount of a judgment obtained by plaintiff against a Kansas corporation. The circuit court directed a verdict for the plaintiff, and entered judgment accordingly (76 Fed. 697), and the defendant brought the case to this court on writ of error. The constitution of the state of Kansas provided prior to the year 1866, and still provides, in section 2 of article 12, as follows:…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts as above). It will be observed that the complaint contains the averments which are required either by section 32 or section áá, and seeks to enforce an alleged liability of the defendant, whether he is to be charged with the amount of the Kansas judgment or with the amount of the debt due to the plaintiff from the corporation; and it is to be further noticed that not only the fact of the judgment was proved, but that also all the facts upon which the judgment was based, such as the guaranty, the discount, and the nonpayment, were proved, so that the question which is…
2Cases cited27 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Pollard v. BaileySupreme Court of the United States · 1874
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Flash v. ConnSupreme Court of the United States · 1883
- Marshall v. . ShermanNew York Court of Appeals · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hale v. HardonCourt of Appeals for the First Circuit · 1899
- Collins v. StreitzCourt of Appeals for the Ninth Circuit · 1938
- Davis v. MillsU.S. Circuit Court for the District of Connecticut · 1900
- Dexter v. EdmandsU.S. Circuit Court for the District of Massachusetts · 1898
- Hobbs v. National Bank of Commerce of Kansas CityCourt of Appeals for the Second Circuit · 1899
11 more not listed; retrieve them via the Exa API.