Ahrens v. State Bank
Supreme Court of South Carolina
Assumpsit by Charles D. Ahrens, plaintiff, against the President, Directors and Company of the State Bank, defendant. The causes of action were two bills of exchange drawn by defendant on a bank in Liverpool, and protested for non-acceptance. The declaration, filed 17th September, 1869, alleged that defendant made the bills payable “ to M. F. Ahrens, the wife of the said plaintiff, or order,” “ and then and there delivered ” the same “ to the said plaintiff.”
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Assumpsit by Charles D. Ahrens, plaintiff, against the President, Directors and Company of the State Bank, defendant. The causes of action were two bills of exchange drawn by defendant on a bank in Liverpool, and protested for non-acceptance. The declaration, filed 17th September, 1869, alleged that defendant made the bills payable “ to M. F. Ahrens, the wife of the said plaintiff, or order,” “ and then and there delivered ” the same “ to the said plaintiff.” There was no other allegation of title. The pleas were non-assumpsit and the statute of limitations, and upon these issues were joined…
1Opinion of the Court
The opinion of the Court was delivered by
Willard, A. J.
The questions arising on the plea puis darrein, are : first, does the appointment of a Keceiver for a banking corporation, under the provisions of the Act entitled “An Act to enable the banks of this State to renew business, or to place them in liquidation,” (approved March 13th, 1869, 14 Stat., 212,) operate as a dissolution of such corporation ? and, second, can such fact be pleaded, in an action against such corporation, in behalf of the corporation ?
The first Section of the Act in question provides as follows: “That all the banks…
2Cases cited1 opinion
- Slee v. BloomNew York Court of Chancery · 1821
3Cited by1 opinion
- Scott v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916