Alleman v. Sayre
West Virginia Supreme Court
Error to Circuit Court, Jackson County. Proceding by R. C. Alleman and another against T. J. Sayre, receiver, etc., and others. Decree denying plaintiff’s right of preference in .distribution of assets, and they appeal.
1Opinion of the Court
POFEENBARGER, JtTDGE :
The alleged vice in the decree appealed from, is its denial of the plaintiffs’ claim of right to preference of the debt due them, in the distribution of the assets of an insolvent bank, on any of the four grounds asserted as bases of the claim, namely, (1) insolvency of the bank, on the date of the deposit; (2) fraud on the part of the cashier in receiving the deposit Avith knowledge of the insolvency of ,the bank; (3) non-collection of the check deposited, before closure of the bank; and (4) the character of the deposit, the plaintiff claiming it to have .been special.
Th…
2Cases cited21 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Picklesimer v. MorrisWest Virginia Supreme Court · 1926
- United States Fidelity & Guaranty Co. v. Central Trust Co.West Virginia Supreme Court · 1924
- Town of Hamden v. American Surety Co.Court of Appeals for the Second Circuit · 1937
- Charter v. Doddridge County BankWest Virginia Supreme Court · 1936
- Rinehart v. IrelandWest Virginia Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.