Brown v. Schleier
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This case passed off below on a demurrer to the bill of complaint, which was once amended before the demurrer thereto was sustained.
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Appeal from the Circuit Court of the United States for the District of Colorado. This case passed off below on a demurrer to the bill of complaint, which was once amended before the demurrer thereto was sustained. (C. C.) 112 Fed. 577. The case made by the bill of complaint, as amended, is as follows: The People’s National Bank of Denver, one of the appellees, was incorporated on July 30, 1889, under the national bank act, for the period of 20 years from July 1, 1889, with a capital stock of 8300,000, divided into shares of 8100 each. On September 12, 1889, it leased a lot of ground in the…
1Opinion of the CourtThayer, Circuit Judge
The bill in this case appears to have been exhibited, and a recovery is sought, upon the theory that the lease of September 12, 1889, was executed by the People’s National Bank in excess of its corporate powers, and was therefore void; that Schleier, the lessor, was a party to the act whereby the charter of the bank was violated, and is therefore liable as a joint tort-feasor for all the damage which the creditors of the bank have sustained in consequence of the execution of the lease without lawful authority. It is urged, in substance, that the lease was ultra vires the bank, because it…
2Cases cited17 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- National Bank v. MatthewsSupreme Court of the United States · 1879
- People v. . O'BrienNew York Court of Appeals · 1888
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
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3Cited by28 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
- Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
- Wirtz v. First National BankCourt of Appeals for the Tenth Circuit · 1966
- Morris v. Third Nat. Bank of SpringfieldCourt of Appeals for the Eighth Circuit · 1905
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