Mitchell v. Beckman
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. On the 1st day of March, 1875, the plaintiff was a depositor in a savings bank styled Odd Fellows’ Bank of Savings.
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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. On the 1st day of March, 1875, the plaintiff was a depositor in a savings bank styled Odd Fellows’ Bank of Savings. On that day this bank entered into an agreement with another corporation styled the Odd Fellows’ Savings and Commercial Bank, by the terms of which the former corporation transferred all of its assets to the latter, in consideration that the latter should assume the payment of all existing debts and liabilities. The plaintiff’s deposit was, on that same day, and pursuant to…
1Opinion of the CourtThornton, J.
So much of the opinion of Department Two, in this cause, as follows, is adopted as a correct exposition of the law herein: —
“The complaint in this case alleges that the Odd Fellows’ Savings and Commercial Bank is a corporation, existing under the laws of California, ever since the 10th day of February, 1875, and organized for the purpose of carrying on a commercial banking businsss; that the defendants are subscribers to the capital stock of the bank in amounts specified in the complaint; that on the 21st day of December, 1878, the corporation above named was indebted to the plaintiff in the…
2Cases cited11 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Spear v. CrawfordNew York Supreme Court · 1835
- Huntington v. Savings BankSupreme Court of the United States · 1878
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Coite v. Society for SavingsSupreme Court of Connecticut · 1864
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3Cited by49 opinions
- Lien Huynh v. Chase Manhattan BankCourt of Appeals for the Ninth Circuit · 2006
- Union Tool Co. v. Farmers & Merchants National Bank of Los AngelesCalifornia Supreme Court · 1923
- Glassell Development Co. v. Citizens' Natlional Bank of Los AngelesCalifornia Supreme Court · 1923
- Klaus v. Hi-Shear Corp.Court of Appeals for the Ninth Circuit · 1975
- McGowan v. McDonaldCalifornia Supreme Court · 1896
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