City Bank of Hopkinsville v. Blackmore
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United. States for the Middle District of Tennessee. This was a bill in equity filed by the City Bank of Hopkinsville, Ky.. against J. W. Blaekmore, the receiver of the insolvent Commercial National Bank of Nashville, to compel tlio payment of a claim of $5,000 out of the assets in the hands of the receiver as a preferred claim. The material facts are not in dispute.
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Appeal from the Circuit Court of the United. States for the Middle District of Tennessee. This was a bill in equity filed by the City Bank of Hopkinsville, Ky.. against J. W. Blaekmore, the receiver of the insolvent Commercial National Bank of Nashville, to compel tlio payment of a claim of $5,000 out of the assets in the hands of the receiver as a preferred claim. The material facts are not in dispute. Some time before March 23, 1893, the Commercial Bank had become hopelessly insolvent, through the fraudulent management of its cashier and managing officer, Frank Porterfield. On March 2-1,…
1Opinion of the CourtTaft, Circuit Judge
*773The decree of the circuit court must he affirmed. It may he conceded that the circumstances under which the draft -was received hy the Commercial Bank, and credited to the City Bank, would justify the latter in rescinding the contract of deposit, on the ground of fraud, and that then the City Bank would he entitled to a return of its draft. If the draft had come Into the hands of the receiver, therefore, it would have been his duty, and the court below would doubtless have compelled him, to deliver up the draft to (he complainant. But the difficulty with the complainant’s position is that…
2Cases cited6 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Frelinghuysen v. NugentU.S. Circuit Court for the District of New Jersey · 1888
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- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
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- Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
- Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913
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