Hall v. Bank of Virginia
West Virginia Supreme Court
Appeal from two- decrees of the circuit court of Kanawha county, rendered, the one on the 18th day of October, 1866, and the other on the 15th day of April, 1869, in a certain suit in chancery therein pending, in which John Hall and Benjamin H. Smith were plaintiffs, and the president, directors and company of the Bank of Virginia and others were defendants, taken by the said president, directors and company of the Bank of Virginia.
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Appeal from two- decrees of the circuit court of Kanawha county, rendered, the one on the 18th day of October, 1866, and the other on the 15th day of April, 1869, in a certain suit in chancery therein pending, in which John Hall and Benjamin H. Smith were plaintiffs, and the president, directors and company of the Bank of Virginia and others were defendants, taken by the said president, directors and company of the Bank of Virginia. Hon. Daniel Polsley, late judge of the seventh judicial circuit, rendered the decrees appealed from. Greer, PRESIDENT, furnishes the following statement of the…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court :
Before considering this case on its merits the preliminary question, whether this appeal should be dismissed, must first be disposed of. If the title to the assets of the Bank of Virginia in litigation has been validly passed to Win. B. Isaacs & Co., then, as the assignees of the bank pendite lite, they would have a right to prosecute this appeal in the name of the bank. It is admitted that this would be the case, if the corporate rights of the Bank of Virginia had not ceased; but it is insisted that at common law upon the dissolution of a…
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