Grut

American Trust Co. v. Grut

Good Law
80 F.2d 155·1935 U.S. App. LEXIS 3224
United States Court of Appeals for the Ninth CircuitNovember 12, 1935No. 7913California2,083 words

Opinion

Lead Opinion

Haney, J.

Review is here sought of a decree rendered in favor of plaintiff, as receiver of the First National Bank of Bay Point, a national banking association, against certain stockholders in that bank, and their transferors who, it is alleged in the bill, made the transfers in question “with knowledge of such (failure of bank to meet its obligations) impending failure.” In the decree rendered in the court below, judgments were granted against all the defendants who were stockholders at the time of the failure of the bank for a 100 per cent, assessment, and against the transferors for the same amount, subject to the proviso that the judgments against the transferors be credited with any amount paid by their transferees. From this decree, the transferors (defendants who were not stockholders at the time the bank became insolvent but who had transferred stock, as found by the court with knowledge of the impending insolvency of the bank) appeal, asserting several claims of error, only one of which need be considered here. Such contention is that a court of equity has no jurisdiction of the subject of the suit.

Liability of shareholders of a national banking association, commonly referred to…

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