Legal Opinion

Witters v. Sowles

United States Circuit Court

Decided July 21, 1888PublishedCited by 3 opinions

At Law. Action by Chester W. Witters, receiver, etc., against Edward A. Sowles and Margaret B. Sowles, his wife, to rec'over an assessment on bank stock held by the latter.

1Opinion of the CourtWheeler, J.

This suit is brought to recover an assessment equal to the par value on 400 shares of $100 each in the First National Bank of St. Albans, of which the plaintiff is receiver, held by the feme defendant. The defendants have demurred to the declaration, and the cause has been heard on that demurrer. The plaintiff first brought, a bill in equity against these defendants to enforce this liability. The defendants demurred to the bill on the ground that a married woman could not be holden for such an assessment; and that, if she could, the remedy in that case would be at law, and not in equity. The…

2Cases cited4 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
  3. Hobart v. JohnsonU.S. Circuit Court for the District of Southern New York · 1881
  4. Sayles v. BatesSupreme Court of Rhode Island · 1886

3Cited by3 opinions

  1. Reconstruction Finance Corp. v. RawlingsCourt of Appeals for the Fifth Circuit · 1935
  2. Flint v. A. B. Culbertson, Receiver for Fraternal Bank & Trust Co.Texas Supreme Court · 1958
  3. Flint v. A. B. Culbertson, Receiver for Fraternal Bank & Trust Co.Texas Supreme Court · 1958

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