Legal Opinion

Wagner ex rel. Molner v. South Chicago Sav. Bank

Court of Appeals for the Seventh Circuit

Decided December 16, 1944No. 8561PublishedCited by 1 opinion

1Opinion of the Court

EVANS, Circuit Judge.

A national bank receiver sold and assigned to appellee a $10,860 judgment which he obtained against appellant, based on the statutory bank stockholder’s liability. Appellant challenges the validity of such sale and assignment, contending that the statutory power of the receiver to “enforce the personal liability of the shareholders”1 does not include the power to sell and assign, this claim. Appellee, the assignee, purchased the bank’s assets (including stockholders’ liability judgments) in the receiver’s hands for $1,230. He instituted the instant garnishment proceedings…

2Cases cited16 opinions

  1. Schaberg v. McDonaldNebraska Supreme Court · 1900
  2. Hood Ex Rel. United Bank & Trust Co. v. Richardson Realty, Inc.Supreme Court of North Carolina · 1937
  3. State Ex Rel. Mothersead v. KellySupreme Court of Oklahoma · 1930
  4. Decker v. DomoneyIllinois Supreme Court · 1944
  5. Andrew v. State Bank of Swea CitySupreme Court of Iowa · 1932

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3Cited by1 opinion

  1. Fidelity Trust Co. v. Colonial Trust Co.Court of Appeals for the Third Circuit · 1949

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