Legal Opinion

Cogswell v. Second National Bank

Supreme Court of Connecticut

Decided December 18, 1903PublishedCited by 18 opinions

Action for the appointment of a receiver to wind up the affairs of a national banking association, and to collect certain assets which, as alleged, its managers had wrongfully charged off or disposed of; brought to the Superior Court for New London County.

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Action for the appointment of a receiver to wind up the affairs of a national banking association, and to collect certain assets which, as alleged, its managers had wrongfully charged off or disposed of; brought to the Superior Court for New London County. An application for the- appointment of a temporary receiver was made to Hon. John M. Thayer, a judge of the court, in vacation, by whom a plea in abatement and to the jurisdiction, and afterwards a demurrer to the application, were overruled and the application granted. On the coming in of the Superior Court, a demurrer to the complaint was…

1Opinion of the CourtBaldwin, J.

That a national banking association derives its franchise from the United States does not exempt it from subjection to such State laws as do not impair its efficiency in performing those functions by which it was designed to serve the United States, nor trench upon a field occupied by Congressional legislation. National Bank v. Commonwealth, 9 Wall. 353, 362; Davis v. Elmira Savings Bank, 161 U. S. 275, 283, 287; Easton v. Iowa, 188 id. 220, 238. Jurisdiction of suits by or against such associations, “ except suits between them and the United States, or its officers and agents, shall be the…

2Cases cited10 opinions

  1. National Bank v. CommonwealthSupreme Court of the United States · 1870
  2. Richmond v. IronsSupreme Court of the United States · 1887
  3. Davis v. Elmira Savings BankSupreme Court of the United States · 1896
  4. Cook County National Bank v. United StatesSupreme Court of the United States · 1883
  5. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872

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3Cited by18 opinions

  1. Galdi v. JonesCourt of Appeals for the Second Circuit · 1944
  2. Connecticut Light & Power Co. v. Town of SouthburySupreme Court of Connecticut · 1920
  3. Minotte E. Chatfield Co. v. Coffey Laundries, Inc.Supreme Court of Connecticut · 1930
  4. Brown v. CraySupreme Court of Connecticut · 1914
  5. Cogswell v. Second National BankSupreme Court of Connecticut · 1905

13 more not listed; retrieve them via the Exa API.

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