Sowles v. First Nat. Bank of St. Albans

U.S. Circuit Court for the District of Vermont

Sowles v. First Nat. Bank of St. Albans

46 F. 513, 1891 U.S. App. LEXIS 1304

CourtU.S. Circuit Court for the District of Vermont

DecidedMay 27, 1891

StatusPublished

Cited by1 cases

This text of 46 F. 513 (Sowles v. First Nat. Bank of St. Albans) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sowles v. First Nat. Bank of St. Albans, 46 F. 513, 1891 U.S. App. LEXIS 1304 (circtdvt 1891).

Pincite

Opinion

Wheeler, J.

This suit was brought in a court of chancery of the state against the bank to reach property held as a part of the assets of the bank by the receiver appointed by the comptroller of the currency. The subpoena ran to the bank, and did not name the receiver, but was served upon him, and a temporary injunction was granted which would reach him. lie removed the cause into this court. The orator has moved to remand it to the state court, and that motion has now been heard. The orator insists that the suit is against the bank, and not against the receiver; and relies upon Whittemore v. Bank, 134 U. S. 527, 10 Sup. Ct. Rep. 592, to show .that this court has no jurisdiction. In that case the bank was not in the hands of a receiver, but was sui ju-, ri&. This bank is altogether in the hands of the receiver, and the decree sought, if it would reach anything, would reach assets of the bank in his hands. Although the bank, as an organization, is not extinguished, but is continued in existence for the purposes of being wound up, it has no control, as a bank, of any of its property interests, and cannot, apart from the receiver, be affected by a decree to reach them. The receiver is the real party in this behalf. He is an agent of the United States, and an officer thereof for this purpose. Kennedy v. Gibson, 8 Wall. 498. The assets in his hands belong to the United States for distribution among those entitled to them. Hitz v. Jenks, 123 U. S. 297, 8 Sup. Ct. Rep. 143. The jurisdiction of this court is not affected by the provisions of section 4 of the act of August 13, 1888, relating to suits for and against national banks, but is saved by them. 25 St. 436. The suit arises from the proceedings of the receiver, and under the laws of the United States, and appears to be removable. Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Wheeler, J.

This suit was brought in a court of chancery of the state against the bank to reach property held as a part of the assets of the bank by the receiver appointed by the comptroller of the currency. The subpoena ran to the bank, and did not name the receiver, but was served upon him, and a temporary injunction was granted which would reach him. lie removed the cause into this court. The orator has moved to remand it to the state court, and that motion has now been heard. The orator insists that the suit is against the bank, and not against the receiver; and relies upon Whittemore v. Bank, 134 U. S. 527, 10 Sup. Ct. Rep. 592, to show .that this court has no jurisdiction. In that case the bank was not in the hands of a receiver, but was sui ju-, ri&. This bank is altogether in the hands of the receiver, and the decree sought, if it would reach anything, would reach assets of the bank in his hands. Although the bank, as an organization, is not extinguished, but is continued in existence for the purposes of being wound up, it has no control, as a bank, of any of its property interests, and cannot, apart from the receiver, be affected by a decree to reach them. The receiver is the real party in this behalf. He is an agent of the United States, and an officer thereof for this purpose. Kennedy v. Gibson, 8 Wall. 498. The assets in his hands belong to the United States for distribution among those entitled to them. Hitz v. Jenks, 123 U. S. 297, 8 Sup. Ct. Rep. 143. The jurisdiction of this court is not affected by the provisions of section 4 of the act of August 13, 1888, relating to suits for and against national banks, but is saved by them. 25 St. 436. The suit arises from the proceedings of the receiver, and under the laws of the United States, and appears to be removable. Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

46 F. 513, 1891 U.S. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sowles-v-first-nat-bank-of-st-albans-circtdvt-1891.

Opinion

Related

Cite This Page — Counsel Stack