Legal Opinion

Brown v. Tillinghast

Court of Appeals for the Ninth Circuit

Decided February 6, 1899No. 457PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Western Division of the District of Washington. The appellant filed in the circuit court a bill in equity, the substantial averments of which are as follows: That on September 2, 1891, the Columbia National Bank of Tacoma, Wash., was incorporated as a banking association, with a capital stock of $200,000, all of which was subscribed before January 12, 1892. That on January 12, 1892, a meeting of the shareholders was…

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Appeal from the Circuit Court of the United States for the Western Division of the District of Washington. The appellant filed in the circuit court a bill in equity, the substantial averments of which are as follows: That on September 2, 1891, the Columbia National Bank of Tacoma, Wash., was incorporated as a banking association, with a capital stock of $200,000, all of which was subscribed before January 12, 1892. That on January 12, 1892, a meeting of the shareholders was held, at which a resolution was adopted proposing to increase the capital of the association from $200,000 to $500,000,…

1Opinion of the CourtGilbert, Circuit Judge

■The question presented on the appeal in this case is whether the eir.cúit court erred in sustaining a demurrer to the hill for want of equity. The facts stated in the hill are substantially the same as those which .were involved in the case of Bank v. Mathews, 29 C. C. A. 491, 85 Fed. 934, recently decided by this court. In that case the court said:

“When a man subscribes to a proposed increase of stock in a national bank, with knowledge that the stockholders had, by a resolution duly passed, authorized the officers of the association, with the approval' of the comptroller 'of the currency,…

2Cases cited3 opinions

  1. Columbia Nat. Bank of Tacoma v. MathewsCourt of Appeals for the Ninth Circuit · 1898
  2. Beardsley v. BeardsleyCourt of Appeals for the Eighth Circuit · 1898
  3. Rand v. Columbia Nat. BankU.S. Circuit Court for the District of Minnesota · 1898

3Cited by7 opinions

  1. Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
  2. Bailey v. TillinghastCourt of Appeals for the Sixth Circuit · 1900
  3. Aldrich v. CampbellCourt of Appeals for the Ninth Circuit · 1899
  4. Benedict v. AndersonCourt of Appeals for the Sixth Circuit · 1934
  5. Rand v. Columbia Nat. Bank of TacomaCourt of Appeals for the Eighth Circuit · 1899

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