Legal Opinion

Earle v. Carson

Supreme Court of the United States

Decided January 19, 1903No. 83PublishedCited by 50 opinions

EEEOE TO THE CIRCUIT COUET OF APPEALS FOE THE THIRD CIRCUIT. When the Chestnut Street National Bank of Philadelphia suspended payment and its doors were closed there stood on the stock register ten shares in the name of the defendant in error. A call having been made by the Comptroller for the sum of the double liability, this suit was commenced to recover the amount.

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EEEOE TO THE CIRCUIT COUET OF APPEALS FOE THE THIRD CIRCUIT. When the Chestnut Street National Bank of Philadelphia suspended payment and its doors were closed there stood on the stock register ten shares in the name of the defendant in error. A call having been made by the Comptroller for the sum of the double liability, this suit was commenced to recover the amount. The defence was : First, that prior to the suspension of the bank the defendant had in good faith sold the stock standing in her name for a full market price, which had been paid her; second, that, in consummation of such sale,…

1Opinion of the CourtJustice White

In the argument at bar all but three of the grounds of error specified in the Circuit Court of Appeals and assigned on the allowance of this writ were expressly waived. In stating the case we have therefore called attention only to the facts and proceedings essential to an elucidation of the three questions now pressed, and hence, disregarding the grounds of error which are obsolete, we come to consider the real issues.

1. Treating the facts as foreclosed by the verdict, the Circuit Court of Appeals held that the trial court rightly instructed that the presumption of liability begotten by the…

2Cases cited6 opinions

  1. National Bank v. CaseSupreme Court of the United States · 1879
  2. Matteson v. DentSupreme Court of the United States · 1900
  3. Bank v. LanierSupreme Court of the United States · 1871
  4. Bowden v. JohnsonSupreme Court of the United States · 1883
  5. Whitney v. ButlerSupreme Court of the United States · 1886

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3Cited by50 opinions

  1. Anderson v. AbbottSupreme Court of the United States · 1944
  2. Youssif Kamal v. Eden Creamery, LLCCourt of Appeals for the Ninth Circuit · 2023
  3. In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
  4. McDonald v. DeweySupreme Court of the United States · 1906
  5. Finefrock v. Kenova Mine Car Co.Court of Appeals for the Fourth Circuit · 1927

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