Mutual Life Ins. Co. of New York v. Farmers' & Mechanics' Nat. Bank of Cadiz
U.S. Circuit Court for the District of Southern Ohio
On Final Hearing. Interpleader by the Mutual Life Insurance Company of New York against the Farmers’ & Mechanics’ National Bank of Cadiz, Ohio, the administrator of M. J. Brown, deceased, and others.
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On Final Hearing. Interpleader by the Mutual Life Insurance Company of New York against the Farmers’ & Mechanics’ National Bank of Cadiz, Ohio, the administrator of M. J. Brown, deceased, and others. M. J. Brown was president, cashier, and a debtor of the Farmers’ & Mechanics’ National Bank of Cadiz, Ohio, from the date of its organization in 1877 to his death in 1908. lie was reputed to be possessed of considerable wealth, but, excluding controverted claims to the amount of about 850,000, of which about 886,000 are Claimed by the bank as unpaid interest, lie became insolvent in 1895, and…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). At the threshold the administrator’s right to maintain his action is challenged on two grounds: First, that section 3628, Rev. St. Ohio, 1908, does not contemplate or provide for a suit by a personal representative, hut gives a right of action to creditors only; second, that an Ohio administrator of an insolvent estate cannot maintain an action, at law or in equity, to recover and subject to the payment of his decedent’s debts personal property, or its avails, transferred by the intestate in fraud of his creditors. Section 3628 is as follows, the…
2Cases cited19 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- McDonald v. HoveySupreme Court of the United States · 1884
- Hagan v. WalkerSupreme Court of the United States · 1852
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Kilbourne v. FayOhio Supreme Court · 1876
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3Cited by13 opinions
- Sandlin v. BarkerSupreme Court of Oklahoma · 1923
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- Massachusetts Mut. Life Ins. Co. v. MorrisCourt of Appeals for the Ninth Circuit · 1932
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- Brown v. MarshSupreme Court of Florida · 1929
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