Stephens v. Overstolz
U.S. Circuit Court for the District of Eastern Missouri
At Law. This was a suit by a receiver of a,n insolvent national bank, duly appointed under the provisions of section 5234 of the Revised Statutes of the United States, against the executrix of a,deceased president and director of the bank, to recover damages alleged to have been sustained by the bank in consequence of loans knowingly made by tho deceased, in his capacity as president and director, to four different customers of the bank, to each in excess of one-tenth of the…
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At Law. This was a suit by a receiver of a,n insolvent national bank, duly appointed under the provisions of section 5234 of the Revised Statutes of the United States, against the executrix of a,deceased president and director of the bank, to recover damages alleged to have been sustained by the bank in consequence of loans knowingly made by tho deceased, in his capacity as president and director, to four different customers of the bank, to each in excess of one-tenth of the amount of its capital stock actually paid in. The action was founded on sections 5200 and 5239 of the Revised Statutes…
1Opinion of the CourtThayer, J.
We have heretofore held in this case that the cause of action did not abate with the death of the director, but survives against his executrix. Since then the petition has been amended, and a demurrer, and also motions to compel an election as between causes of action, have been filed and argued, which present some questions not explicitly decided on the former hearing.
First in order of importance is the demurrer, and it presents two propositions in the alternative.
It is said, in the first place, that the remedy under section 5239 is statutory, in the sense that, before a recovery can be had…
2Cases cited8 opinions
- Hornor v. HenningSupreme Court of the United States · 1876
- Culver v. Third National BankIllinois Supreme Court · 1872
- Matthews v. AlbertCourt of Appeals of Maryland · 1866
- Stone v. ChisolmSupreme Court of the United States · 1885
- Perry v. TurnerSupreme Court of Missouri · 1874
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3Cited by13 opinions
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- National Bank of Commerce of Tacoma v. WadeU.S. Circuit Court for the District of Washington · 1897
- Anderson v. ReedSupreme Court of Oklahoma · 1928
8 more not listed; retrieve them via the Exa API.