Reuter

Reuter v. McCook

Good Law
92 F.2d 267·1937 U.S. App. LEXIS 4543
United States Court of Appeals for the Ninth CircuitSeptember 13, 1937No. 8379California2,257 words

Opinion

Lead Opinion

Garrecht, J.

This appeal is founded upon an action brought by the receiver of the First National Bank of The Dalles, Or., insolvent, against the appellant to enforce a stockholders’ assessment, made July 5, 1935, by the Comptroller of the Currency of the United States, to the amount of 100 per cent, upon the par value of all stock of said bank, including 77% shares held by the appellant, J. A. Reuter. The case was tried to the court,- stipulation waiving jury having been duly filed. Judgment was entered in favor of appellee receiver.

The assignments of error do not quesr tion the correctness of the findings of fact, nor does the record contain a bill of exceptions. We are, therefore, limited in our inquiry to the question whether the findings of fact support the judgment. See O’Brien’s Manual of Federal Appellate Procedure (2d Ed.) p. 12; and 1936 Cum. Supp. thereto, pp. 11-12.

In March, 1919, 50 shares of stock of the First National Bank of The Dalles, Or., were registered upon the books of said bank in the name of J. A. Reuter. In January, 1932, that bank consolidated with the Citizens National Bank of The Dalles, Or., under the name of the former. Upon consolidation 62% shares of stock…

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