Hunter v. Robbins
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. On demurrer to bill. The complainant, a citizen of the state of Missouri, as treasurer of the Searcy & Des Are Railroad Company, a corporation created by and existing under the laws of the state of Arkansas, filed this bill against E. A. Robbins and the People’s Bank of Searcy, Ark., both citizens of the state of Arkansas, alleging that prior to April 8, 1902, the defendant Robbins was the treasurer of the railroad company and as such had on that day in his hands…
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In Equity. On demurrer to bill. The complainant, a citizen of the state of Missouri, as treasurer of the Searcy & Des Are Railroad Company, a corporation created by and existing under the laws of the state of Arkansas, filed this bill against E. A. Robbins and the People’s Bank of Searcy, Ark., both citizens of the state of Arkansas, alleging that prior to April 8, 1902, the defendant Robbins was the treasurer of the railroad company and as such had on that day in his hands a sum of money exceeding $7,000, which was on deposit with the defendant bank, which had full knowledge of the capacity…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). The demurrer challenges the jurisdiction of this court, and also the sufficiency of the bill. As to the jurisdiction, the contention of the defendants is that the treasurer is not the proper party to maintain this action, but that the railroad company alone can prosecute it; that the railroad company being a corporation existing under the laws of the state of Arkansas, of which state both of the defendants are citizens, this court is without jurisdiction, and a corporation cannot delegate authority to its treasurer, who is a citizen of a state other than that of…
2Cases cited28 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Clews v. JamiesonSupreme Court of the United States · 1901
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3Cited by4 opinions
- City of Denver v. Mercantile Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1912
- Newhouse v. First Nat. Bank of ChicagoDistrict Court, N.D. Illinois · 1926
- Busch v. Midland Finance Corp.Court of Appeals for the Eighth Circuit · 1933
- In re the Trust under the Will of LaneCourt of Chancery of Delaware · 1916