Legal Opinion

Williams v. Commercial National Bank

Oregon Supreme Court

Decided July 2, 1907PublishedCited by 37 opinions

From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice Eakin. This is a suit by George H. Williams and others against the Commercial National Bank of Portland and Wells, Fargo & Co. (in which H. C. Leonard intervenes), to collect from defendant Wells, Fargo & Co., hereafter referred to as defendant company, judgments rendered in favor of plaintiffs severally against defendant the Commercial National Bank.

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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice Eakin. This is a suit by George H. Williams and others against the Commercial National Bank of Portland and Wells, Fargo & Co. (in which H. C. Leonard intervenes), to collect from defendant Wells, Fargo & Co., hereafter referred to as defendant company, judgments rendered in favor of plaintiffs severally against defendant the Commercial National Bank. Decree was rendered for plaintiffs, and the defendant company appeals. In 1894 plaintiffs were stockholders in the' Commercial National Bank, and, the bank being in financial…

1Opinion of the Court

Opinion by

Mr. Justice Eakin.

The principal questions involved in this ease are: (1) Is the defendant company liable to plaintiffs either as a stockholder for dividends received upon its stock, or by reason of having caused the liquidation of the defendant bank and having taken over its assets? (2) Is it necessary that the plaintiffs procure a lien upon the property before they have a standing in equity to sue defendant company? (3) Are plaintiffs barred by the statute of limitations? That is, is this a concurrent, equitable proceeding to which the statute applies? (4) If the statute applies,…

2Cases cited44 opinions

  1. Sanger v. UptonSupreme Court of the United States · 1875
  2. Pollard v. BaileySupreme Court of the United States · 1874
  3. Graham v. Railroad Co.Supreme Court of the United States · 1880
  4. Hatch v. DanaSupreme Court of the United States · 1880
  5. Kendall v. StokesSupreme Court of the United States · 1845

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3Cited by37 opinions

  1. Fullerton v. LammOregon Supreme Court · 1945
  2. Freehling v. Nielson (In Re F & C Services, Inc.)United States Bankruptcy Court, S.D. Florida. · 1984
  3. Cortez v. VogtCalifornia Court of Appeal · 1997
  4. Valley Bank v. MalcolmArizona Supreme Court · 1922
  5. Lind v. O. N. Johnson Co.Supreme Court of Minnesota · 1938

32 more not listed; retrieve them via the Exa API.

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