Hayden v. Thompson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. Bill by Kent K. Hayden, receiver of the Capital National Bank of Lincoln, Neb., against David E. Thompson and others. From a decree dismissing the bill (67 Fed. 278), complainant appeals. Keversed.
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Appeal from the Circuit Court of the United States for the District of Nebraska. Bill by Kent K. Hayden, receiver of the Capital National Bank of Lincoln, Neb., against David E. Thompson and others. From a decree dismissing the bill (67 Fed. 278), complainant appeals. Keversed. On July 6, 18ÍM, the appellant, Kent K. Hayden, as receiver of the Capital National Bank of Lincoln, Neb., exhibited to the court below his hill in equity against, the appellees, who were shareholders of that bank, to recover from them the amount of certain dividends which had been received by them out of the capital…
1Opinion of the CourtSanborn, Circuit Judge
May the receiver of an insolvent national bank maintain a suit in equity against all its shareholders to recover dividends that have been unlawfully paid to them out of the capital of the bank at-times when the bank had earned no net profits, and when it was in fact insolvent? A clear conception of the nature of this suit and the principles upon which it rests will, in our opinion, do much to dispel the doubt which this question seems to have engendered, and to make the right answer to it apparent. This is a suit brought for the benefit of the creditors of this bank, by their proper legal…
2Cases cited35 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Speidel v. HenriciSupreme Court of the United States · 1887
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
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3Cited by71 opinions
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Robert Schaefer and Sandra Schaefer v. First National Bank of LincolnwoodCourt of Appeals for the First Circuit · 1975
- Bovay v. H. M. Byllesby & Co.Supreme Court of Delaware · 1944
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