Legal Opinion

Powell v. Malone

District Court, M.D. North Carolina

Decided January 24, 1938PublishedCited by 1 opinion

1Opinion of the Court

PIA YES, District Judge.

It is alleged and admitted that plaintiff is receiver; that an assessment was levied by the Comptroller of the Currency payable December 9, 1933, against the owners of the capital stock of the bank; and that the defendants above were the registered owners of one certificate of stock for five shares of the par value of $500. The action was commenced February 17, 1937. Malone pleaded payment of his pro rata part, and all three defendants ' pleaded the North Carolina statute of limitations.

The plaintiff pleads payments to repel the statute, to wit: May 17, 1934, dividend…

2Cases cited18 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Pauly v. State Loan & Trust Co.Supreme Court of the United States · 1897
  3. Pufahl v. Estate of ParksSupreme Court of the United States · 1936
  4. Forrest v. JackSupreme Court of the United States · 1935
  5. Ohio Valley National Bank v. HulittSupreme Court of the United States · 1907

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3Cited by1 opinion

  1. Downey v. PalmerDistrict Court, S.D. New York · 1939

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