Brown v. Arnold
U.S. Circuit Court for the District of Western Missouri
In Equity. On the 4th day of May, 1894, the First National Bank of Sedalia, Mo.,' was declared insolvent, and a receiver therefor was appointed by the Comp- • troller of the Currency. On the 13th day of April, 1895, the Comptroller ordered an assessment on the stockholders of the bank of 75 per cent, of the amount of their holdings. The defendant, Arnold, being a stockholder to 'the extent of i£2,, par value, paid said assessment.
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In Equity. On the 4th day of May, 1894, the First National Bank of Sedalia, Mo.,' was declared insolvent, and a receiver therefor was appointed by the Comp- • troller of the Currency. On the 13th day of April, 1895, the Comptroller ordered an assessment on the stockholders of the bank of 75 per cent, of the amount of their holdings. The defendant, Arnold, being a stockholder to 'the extent of i£2,, par value, paid said assessment. This levy not proving' sufficient to pay the debts of the bank, on the 7th day of February, 1899, said; Comptroller directed another assessment of 25 per cent, on…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). The first question lying at the very threshold of this case is, did Thomas'
Montgomery, who was the attorney in question of the defendant .in the law action, have authority to bind the defendant by the alleged stipulation? When the final judgment was made and entered of record in favor of the defendant, and the"term of court adjourned, with-out more, he had a right to return to his distant home under the assumption that the matter was at an end so far as he was concerned) and that after the adjournment of the term the court lost jurisdiction over the case.…
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