Legal Opinion

Showalter v. United States

Court of Appeals for the Fourth Circuit

Decided October 1, 1918No. 1608PublishedCited by 7 opinions

In Error to the District Court of the United States for the Northern District of West Virginia, at Martinsburg; Charles A. Woods, Judge. Howard W. Showalter was convicted of misapplying bank funds, and brings error.

1Opinion of the Court

ROSE, District Judge.

The plaintiff in error will be called the defendant, the position he had below. For a number of years prior to August, 1915, he had been vice president of the First National Bank of Fairmont, W. Va., and one of its directors and large stockholders. He was its ranking officer, in regular daily attendance. The jury might well have found that its affairs had long been very largely under his control. It once had had, and still publicly claimed, a capital of $200,000, and a surplus of $100,000. The comptroller of the currency had made up his mind that the surplus, and much, if…

2Cases cited2 opinions

  1. Bacon v. United StatesCourt of Appeals for the Eighth Circuit · 1899
  2. Lear v. United StatesCourt of Appeals for the Third Circuit · 1906

3Cited by7 opinions

  1. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  2. Frieden v. United StatesCourt of Appeals for the Fourth Circuit · 1925
  3. Hernandez v. CommonwealthCourt of Appeals of Virginia · 1993
  4. Mays v. United StatesCourt of Appeals for the Fourth Circuit · 1923
  5. Eggleston v. SlaytonDistrict Court, W.D. Virginia · 1972

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