Legal Opinion

Bank Commissioners v. Security Trust Co.

Supreme Court of New Hampshire

Decided December 5, 1900PublishedCited by 25 opinions

Petition, for the appointment of an assignee of the property and effects of the defendants, under section 15, chapter 162, of. the Public Statutes. Some of the facts appear of record, and others were found by the commissioner appointed to allow claims. The defendants were incorporated by an act of the legislature. Laws 1889, c. 175. They carried on business in two departments, distinct from each other,— a trust and banking department and a savings department.

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Petition, for the appointment of an assignee of the property and effects of the defendants, under section 15, chapter 162, of. the Public Statutes. Some of the facts appear of record, and others were found by the commissioner appointed to allow claims. The defendants were incorporated by an act of the legislature. Laws 1889, c. 175. They carried on business in two departments, distinct from each other,— a trust and banking department and a savings department. An assignee was appointed October 9, 1896. He filed an inventory December 2, 1896, showing assets in the trust and banking department…

1Opinion of the CourtChase, J.

1. The commissioner allowed interest on claims to September 1, 1897. The allowance should be to October 9, 1896,. the date of the appointment of the assignee. Bank Comm’rs v. Trust Co., 69 N. H. 621.

2. -The defendants sold notes, some of which were secured by mortgages of real estate, and guaranteed the payment of the interest coupons attached to the notes at maturity and of the principal within two years after maturity, and reserved the right to repurchase the notes at any time at their face value with accrued interest added; or they simply guaranteed the payment of the principal and…

2Cases cited41 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
  3. Peters v. BainSupreme Court of the United States · 1890
  4. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  5. McLeod v. EvansWisconsin Supreme Court · 1886

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3Cited by25 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
  3. Leach v. Iowa State Savings BankSupreme Court of Iowa · 1927
  4. State v. BruceIdaho Supreme Court · 1909
  5. Rottger, Rec. v. First-Merchants Natl. BankIndiana Court of Appeals · 1933

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