McClaine v. Rankin
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The First National Bank of South Bend, .Washington, became insolvent and was closed August 10, 1895, and on the seventeenth day of the same month one Heim was appointed receiver, who was succeeded by Aldrich, and Aldrich by George C. Rankin. August 17, 1896, the acting Comptroller of the Currency levied an assessment against the shareholders of the bank in enforcement of their statutory liability.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The First National Bank of South Bend, .Washington, became insolvent and was closed August 10, 1895, and on the seventeenth day of the same month one Heim was appointed receiver, who was succeeded by Aldrich, and Aldrich by George C. Rankin. August 17, 1896, the acting Comptroller of the Currency levied an assessment against the shareholders of the bank in enforcement of their statutory liability. Adolphus F. Mc-Claine, one of the stockholders, was notified of the levy, and demand was duly made of him to pay the assessment on or…
1Opinion of the CourtChief Justice Fuller
It is conceded that, in the absence of any provision of the act of 'Congress creating the liability, fixing a limitation of time for commencing actions to enforce it, the statute of limitations of the particular State is applicable. Rev. Stat. §721; Campbell v. Haverhill, 155 U. S. 610. If, then, this action was barred by the statute of limitations of the State of Washington, that ended it, and both judgments below must be reversed and the cause remanded to the' Circuit Court with a direction that judgment be entered for defendant.
Reference to the state statutes shows that subdivision 2 of…
2Cases cited9 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
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- McDonald v. ThompsonSupreme Court of the United States · 1902
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