American Nat. Bank of Macon v. Commercial Nat. Bank of Macon
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Beverly D. Evans, Judge. Suit in equity by the American National Bank of Macon against the Commercial National Bank of Macon and others.. Decree for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the Southern District of Georgia; Beverly D. Evans, Judge. Suit in equity by the American National Bank of Macon against the Commercial National Bank of Macon and others.. Decree for defendants, and complainant appeals. This is an appeal from a decree sustaining motions to dismiss an amended bill in equity filed in the District Court by the appellant, the American National Bank of Macon, against the Commercial National Bank of Macon and its shareholders. The bill as amended showed that it was filed by the plaintiff as a bill in the…
1Opinion of the CourtWalker, Circuit Judge
(after stating the facts as above). The dismissal of the amended bill is sought to be sustained on the ground *256that its averments do not show that the plaintiff hank has a claim or demand against the defendant bank for which the statute (Act Dec. 23,1913, c. 6, § 23, 38 Stat. 273 [Comp. St. 1916, § 9689]) makes the latter’s shareholders individually responsible. In behalf of the appellees it is contended that the alleged transaction between the two banks'was a sale of assets by one of them to the other, or a consolidation of the two, and that tibe contract entered into and performance under it…
2Cases cited3 opinions
- Wyman v. WallaceSupreme Court of the United States · 1906
- Schrader v. Manufacturers' Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Powder Co. v. BurkhardtSupreme Court of the United States · 1878
3Cited by9 opinions
- Hightower v. American National Bank of MacOnSupreme Court of the United States · 1923
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Reconstruction Finance Corp. v. Central Republic Trust Co.District Court, N.D. Illinois · 1936
- American State Bank v. AaronMichigan Supreme Court · 1935
- Hightower v. American Nat. Bank of MaconCourt of Appeals for the Fifth Circuit · 1921
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