Oates v. Smith
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. On bill filed by the Attorney General under the state banking laws, the Guarantee Bank & Trust Company was declared insolvent and T. D. Smith was appointed as receiver thereof. John B. Oates files petition against the receiver to set off certain claims due by the bank against the debt due from him to the bank. From a decree sustaining demurrer to the petition he appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. On bill filed by the Attorney General under the state banking laws, the Guarantee Bank & Trust Company was declared insolvent and T. D. Smith was appointed as receiver thereof. John B. Oates files petition against the receiver to set off certain claims due by the bank against the debt due from him to the bank. From a decree sustaining demurrer to the petition he appeals. This appeal involves the construction of section 3560, Code 1907, and whether a debtor to a bank, the business of which has been put into the hands of a…
1Opinion of the CourtSomerville, J.
Section 3560 of the Code of 1907 (Section 16 of the state banking act of October 2, 1903) is as follows: “Whenever the treasurer finds that a bank or corporation chartered by the laws of this state and doing a banking business, is not in a solvent condition, he shall immediately report the condition of the bank to the Governor, and the Governor shall direct the Attorney General to institute proceedings in a court having jurisdiction in the county where the bank or parent bank is located, to put the bank in the hands of some competent person, who shall give bond in an amount to be fixed by the…
2Cases cited13 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Nix v. EllisSupreme Court of Georgia · 1903
- Stone v. DodgeMichigan Supreme Court · 1893
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3Cited by15 opinions
- Melco System v. Receivers of Trans-America Ins. Co.Supreme Court of Alabama · 1958
- Kennesaw Life & Accident Insurance v. Old National InsuranceSupreme Court of Alabama · 1973
- In re Jefferson CountyUnited States Bankruptcy Court, N.D. Alabama · 2012
- Ex Parte Tennessee Valley BankSupreme Court of Alabama · 1936
- Farish v. HawkSupreme Court of Alabama · 1941
10 more not listed; retrieve them via the Exa API.