Legal Opinion

Aldrich v. McClaine

Court of Appeals for the Ninth Circuit

Decided February 14, 1901No. 604PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This was an action brought by the plain ¡iff in error, as receiver of ihe First National Bank of South Bend, Wash., a corporation of that state, against the defendant in error, a citizen of the state of Washington, and a stockholder in said hank, for the recovery of the proportionate amount due on his stock of an assessment levied by the comptroller of the currency on…

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In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This was an action brought by the plain ¡iff in error, as receiver of ihe First National Bank of South Bend, Wash., a corporation of that state, against the defendant in error, a citizen of the state of Washington, and a stockholder in said hank, for the recovery of the proportionate amount due on his stock of an assessment levied by the comptroller of the currency on the capital stock of said bank. The bank suspended business on Angusl 10, 1895, and ihe assessment was made payable on or…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts). It appears that this suit was commenced more than two and less than three years after the date when the assessment levied by the comptroller became due. The insolvent corporation and the defendant being citizens of the slate of Washington, the laws of that state as to limitation of actions apply. The plaintiff in error contends that the case is governed by subdivision 3 of section 4,800 of Ballinger’s Annotated Codes and Statutes of Washington, which provides 1.1mt “an action upon a contract or liability, express or ini])!led. which is not in writing, and does not…

2Cases cited10 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
  3. McCluny v. SillimanSupreme Court of the United States · 1830
  4. Concord First National Bank v. HawkinsSupreme Court of the United States · 1899
  5. Howarth v. . AngleNew York Court of Appeals · 1900

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3Cited by10 opinions

  1. Suter v. Wenatchee Water Power Co.Washington Supreme Court · 1904
  2. Wheatley v. GloverSupreme Court of Georgia · 1906
  3. Northern Grain & Warehouse Co. v. HolstWashington Supreme Court · 1917
  4. Chavous v. GorntoSupreme Court of Florida · 1925
  5. Robinson v. Lewis CountyWashington Supreme Court · 1927

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