Donald

Donald v. Bird

Good Law
85 F.2d 663·1936 U.S. App. LEXIS 4216
United States Court of Appeals for the Ninth CircuitSeptember 8, 1936Nos. 7988-7990California897 words

Opinion

Lead Opinion

Mathews, J.

Appellant, as receiver of a national banking association, brought these actions against appellees, stockholders of the association, to enforce the liability created by section 23 of the Act of December 23, 1913, c. 6, 38 Stat. 273 , 12 U.S.C.A. § 64 , which provides: “The stockholders of every national banking association shall be held individually responsible for all contracts, debts, and engagements of such association, each to the amount of his stock therein, at the par value thereof in addition to the amount invested in such stock.” Appellees demurred to the complaints, on the ground that the actions were barred by the statute of limitations. The District Court sustained the demurrers, and, no request being made for leave to plead further, thereupon entered judgments dismissing the actions. From the judgments so entered, these appeals are prosecuted.

There is no federal statute of limitations governing actions of this character. They are governed, therefore, by the applicable state statute. Curtis v. Connly, 257 U.S. 260, 262 , 42 S.Ct. 100 , 66 L.Ed. 222 ; McClaine v. Rankin, 197 U.S. 154, 158 , 25 S.Ct. 410 , 49 L.Ed. 702 , 3 Ann.Cas. 500.

What is the applicable state…

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