Legal Opinion

Cook County National Bank v. United States

Supreme Court of the United States

Decided April 18, 1883PublishedCited by 177 opinions

Appeal from the Circuit Court of the United States for the Northern District of Illinois. This is an appeal from a decree of the Circuit Court overruling a general demurrer to a bill filed by the United States against the Cook County National Bank of Chicago, 111., and Augustus H. Burley, its receiver.

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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This is an appeal from a decree of the Circuit Court overruling a general demurrer to a bill filed by the United States against the Cook County National Bank of Chicago, 111., and Augustus H. Burley, its receiver. The facts, as stated in the bill, are briefly as follows : Previously to 1872, the bank was formed under the acts of Congress authorizing the organization of national banks, and was designated as a depositary of moneys of the United States. . In January, 1875, it became insolvent, and suspended…

1Opinion of the CourtJustice Field

The Revised Statutes, in sect. 8466, provide that “Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied; and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the . estate and effects of an absconding, concealed, or absent debtor are…

2Cases cited2 opinions

  1. United States v. TynenSupreme Court of the United States · 1871
  2. Daviess v. FairbairnSupreme Court of the United States · 1845

3Cited by177 opinions

  1. Davis v. Elmira Savings BankSupreme Court of the United States · 1896
  2. Deitrick v. GreaneySupreme Court of the United States · 1940
  3. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  4. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  5. American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941

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