Legal Opinion

Schofield v. Baker

District Court, W.D. Washington

Decided March 15, 1914No. 1PublishedCited by 6 opinions

In Equity. Suit by John W. Schofield, as receiver of the Merchants’ National Bank of Seattle, against Charles H. Baker and another. In June, 1895, the defendant Baker was appointed receiver of the Merchants’ National Bank of Seattle, in which capacity he served until April, 1899, when he was succeeded by A. W. Frater, who served until February, 1913, at which time the plaintiff was appointed as receiver.

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In Equity. Suit by John W. Schofield, as receiver of the Merchants’ National Bank of Seattle, against Charles H. Baker and another. In June, 1895, the defendant Baker was appointed receiver of the Merchants’ National Bank of Seattle, in which capacity he served until April, 1899, when he was succeeded by A. W. Frater, who served until February, 1913, at which time the plaintiff was appointed as receiver. At the time of the failure of the Merchants’ National Bank, it was the riparian owner of certain lands, and as such upland owner had the preference right under the laws of Washington to…

1Opinion of the CourtNeterer, District Judge

(after stating the facts as above). [1] The defendants contend, first, that the preference right to purchase tidelands given to riparian owners is not a vested right nor a right which could be exercised by the receiver of a national bank. This contention, I think, is definitely disposed of by the state of Washington Supreme Court in the case of Allen v. Forrest, 8 Wash. 700, 36 Pac. 971, 24 L. R. A. 606, where the right granted by the Legislature is confirmed as against the world except the state prior to the exercise of the option, and becomes a vested right after thé exercise of the option…

2Cases cited23 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Michoud v. GirodSupreme Court of the United States · 1846
  3. National Bank v. WhitneySupreme Court of the United States · 1881
  4. Prevost v. GratzSupreme Court of the United States · 1821
  5. Townsend v. VanderwerkerSupreme Court of the United States · 1895

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3Cited by6 opinions

  1. Whelan v. BlankenbecklerCourt of Appeals for the Fifth Circuit · 1936
  2. Armstrong v. WoolleyCourt of Appeals for the Fifth Circuit · 1937
  3. Clifton City Bank v. CommissionerUnited States Board of Tax Appeals · 1927
  4. In re LevinsonDistrict Court, W.D. Washington · 1924
  5. Schofield v. BakerDistrict Court, W.D. Washington · 1917

1 more not listed; retrieve them via the Exa API.

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