Moore ex rel. German-American Mercantile Bank v. American Savings Bank & Trust Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Tallman, J., entered November 8, 1918, in favor of defendant, in an action by the state bank examiner on behalf of an insolvent bank, after a trial on the merits to the court.
1DissentHolcomb, C. J.
(dissenting)—We dissent. The effect of this decision is to render the rules and operations of the Seattle Clearing House Association superior to the provisions of section 2, chapter 98, page 280, Laws of 1915 (Rem. Code, §3303-2), and virtually to nullify that statute. It would appear to have been the manifest intent of the legislature to comprehend just such a situation as this. If not, there was small benefit to be derived from the statute.
By the agreement between the nonmember bank and the member bank and the clearing house rules, the trust fund law of this state and the positive statutes…
2Cases cited5 opinions
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- United States Fidelity & Guaranty Co. v. Cascade Construction Co.Washington Supreme Court · 1919
- O'Brien v. . GrantNew York Court of Appeals · 1895
- Davenport v. . National Bank of Commerce in New YorkNew York Court of Appeals · 1909
- Davenport v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1908