Legal Opinion

In re Blake

Court of Appeals for the Eighth Circuit

Decided November 8, 1906No. 70PublishedCited by 17 opinions

On Petition for Review. Tlie statutes of Missouri imposed upon the county courts of that state the duty to let the use of the surplus moneys of the counties to the hanks or hankers who would pay the highest rates of interest for the deposits. The county court of Henry county advertised for bids for the use of its surplus funds accordingly.

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On Petition for Review. Tlie statutes of Missouri imposed upon the county courts of that state the duty to let the use of the surplus moneys of the counties to the hanks or hankers who would pay the highest rates of interest for the deposits. The county court of Henry county advertised for bids for the use of its surplus funds accordingly. Salmon & Salmon, bankers, the Citizens’ Bank of Clinton, and two other banks agreed, for the purpose of preventing competition in the sale of the use of these funds, that Salmon & Salmon and the bank of Clinton only should bid for it, that the latter should…

1Opinion of the CourtSanborn, Circuit Judge

The chief complaint of the trustee Blake in this case is that his right to recover this $16,000 of' the Clinton Bank has been determined by the court of bankruptcy in thé absence of pleadings that would be im*281pregnable to attack in an independent suit of interpleader. His counsel argue that the bill of interpleader should have been dismissed because it presents the theory that the county claims the $16,000 as a trust fund, while the facts show that the bank is a debtor and not a trustee on account of this transaction, because it shows that the same thing is not claimed by both Henry county and…

2Cases cited13 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  3. Hopkins v. GrimshawSupreme Court of the United States · 1897
  4. Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
  5. Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892

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3Cited by17 opinions

  1. Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
  2. Cities Service Oil Company v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Harden v. PetritzCourt of Appeals for the Seventh Circuit · 1921
  4. In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
  5. Operators' Piano Co. v. First Wisconsin Trust Co.Court of Appeals for the Seventh Circuit · 1922

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