Contents of Synopsis of Decisions of the Supreme Court and Circuit Courts of the United States by StLouisFed

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									1886




                    A DIGEST OF NATIONAL-BANK CASES.


                                          CONTENTS.*
     I. Constitutional law.
        (1) Powers of Congress; (2) Powers of the States.
    II. Powers and liabilities of national banking associations.
        (1) Implied powers; (2) As to collateral securities; (3) Specif] deposits; (4)
             Government securities; (5) Certified check: (G) Purchasing check; (7)
             Stocks; (#) Deposits to secure performance of contracts; (9) Loans in ex-
             cess of one-tenth capital; (10) Real estate; (11) Certificates of deposit;
             (12) Lien on dividends; (13) Contracts and obligations of old corporation;
             (14) Place of business; (15) Circulating notes.
  III. Ultra vires.
        (1) Dealing in stocks; (2) Purchasing negotiable paper; (3) Lending credit; (4)
            Mortgages on real estate; (5) When association cannot set up want of
            power.
   IV. Stock.
        (1) Purchasing its own stock; (2) Liens on stock; (3) May be attached ; (4)
            Capital set free belongs to shareholders; (5) Contracts to give Bhares for
            business; (6) Transfer of stock ; (7) Specific performance of contract to sell.
    V. Shareholders.
        (1) Estopped to deny incorporation; (2) Individual liability.
   VI. Officers.
        (1) Tenure of office; (2) Bonds of officers; (3) Borrowing of association; (4)
            Cashier's liability for loan in excess of one-tenth capital; (5) Directors ol
            converted banks.
 VII. Interest.
        (1) What interest associations may take; (2) On claims against insolvent asso-
            ciations; (3) Usury.
 VIII. Insolvent associations.
        (1) Not subject to bankrupt act; (2) What constitutes insolvency; (3) Assets
            a trust fund; (4) United States has no priority; (5) Claims for torts; (6)
            Preferences; (7) Basis for estimation of dividends ; (8) Set-off.
   IX. Receivers.
        (1) Officer of the United States; (2) Whom he represents; (3) How far subject
            to Comptroller's orders; (4) Power of courts to appoint; (5) Debtors of
            association cannot question legality of appointments; (6) Receiver's decis-
            ion not final; (7) Sale by; (8) Contracts of.
     X. Taxation.
        (1) What may be taxed; (2) Rate; (3) Valuation; (4) Exemptions; (5) Collec-
            tion of tax from the association; (G) License tax; (7) Powers of taxing offi-
            cers; ^8) Enforcement of taxes; (9) Location of association for taxing
             purposes.
  XL Jurisdiction.
        (1) Jurisdiction of Federal courts prior to the act of July 12,1882 ; (2) Jurisdic-
            tion of Federal courts subsequent to act of July 12, 188*2 ; (3) Jurisdiction
            of State courts; (4) United States cannot be subjected to jurisdiction of
            court; (5) Citizenship.
   * Cases which turned upon a peculiar state of facts, and many which hut reiterate settled principles,
 have been omitted; also, a few which are reported so badly or so lueagerly that the precise points
 decided do not clearly appear.
1886



 LXXIV      REPORT OF THE COMPTROLLER OF THE CURRENCY,
 XII. Suits.
       (1) By and against associations; (2) By shareholders; (3) By receivers; (4) By
           creditors of insolvent association; (5) For usury; (6) To enforce liability
           of shareholders; (7) Execution; (8) Attachments; (9) Abatement; (id)
           Estoppel; (11) Suits against liquidating associations; (12) Transitory
           aud local suits ; (13) Survival of suits.
 XIII. Evidence.
       (1) Certificates of Comptroller ; (2) Evidence of insolvency ; (3) Necessity for
           assessment by Comptroller.
 XIV. Crimes.
       (1) Under United States laws ;»(*2) Under State laws; (3) Term " United States
           currency" in penal statutes.
1887




                   A DIGEST OF NATIONAL-BANK CASES.


                                       CONTENTS*
    I. Constitutional law.
        (1) Powers of Congress ; (2) Powers of the- States.
   II. Powers and liabilities of national banking associations.
        (I) Implied powers ; (2) As to collateral securities; (3) Special deposits ; (4)
            Government securities; (5) Certified check; (6) Purchasing check; (7)
            Stocks; (8) Deposits to secure performance of contracts ; (9) Loans in ex-
            cess of one-tenth capital; (10) Real estate ; (11) Certificates of deposits ;
            (12) Lien on dividends; (13) Contracts and obligations of old corporation;
            ^14) Place of business; (15) Circulating notes ; (10) Business of liquidat-
            ing association.
  III. Ultra vires.
        (1) Dealing in stocks; (2) Purchasing negotiable paper; (3) Lending credit;
            (4) Mortgages on real estate ; (5) When association cannot set up want of
            power.
  IV. Stock.
       (1) Purchasing its own stock; (2) Liens on stock ; (3) May be attached; (4)
           Capital set free belongs to shareholders; (5) Contracts to give shares for
           business; (6) Transfer of stock; (7) Subscriptions to increase of capital
           stock; (8) Speciiic performance of contract to sell.
   V. Shareholders.
       (1) Estopped to deny incorporations ; (2) Individual liability.
  VI. Officers.
       (1) Tenure of office; (2) Bonds of officers; (3) Directors most act as a board;
           (4) Borrowing of association; (5) Liability for violations of law; (6)
           Directors of converted banks; (7) Retirement of directors.
  VII. Interest.
       (1) What interest associations may take ; (2) On claims against insolvent and
           liquidating associations; (3) Usury.
 VIII. Insolvent associations.
       (1) Not subject to bankrupt act; (2) What constitutes insolvency; (3) Assets
           a trust fund; (4) United States has no priority ; (5) Claims for torts; (6)
           Preferences; (7) Basis for estimation of dividends; (8) Set-off.
   IX. Receivers.
       (1) Officer of the United States ; (2) Whom he represents ; (3) How far subject
           to Comptroller's orders; (4) Power of courts to appoint; (5) Debtors of
           association can not question legality of appointments; (6) Receiver's decis-
           ion not linal; (7) Sale by; (8) Contracts of; (9) Expenses of receivership
           for association which has gone into liquidation.
    X. Taxation.
       (1) What may be taxed ; (2) Eate; (3) Valuation ; (4) Exemptions; (5) Collec-
           tion of tax from association; (6) License tax; (7) Powers of taxing offi-
           cers; (8) Enforcement of taxes; (9) Location of association for taxing
           purposes.
   *Cases which turned upon a peculiar state of facts, and many which but reiterate settled princi-
 ples, have been omitted; also, a few which are reported so badly or so meagerly that the precise
 points decided do not clearly appear.
1887



 132     REPORT OF THE COMPTROLLER OF . THE CURRENCY.

  XI. Jurisdiction.
      (1) Jurisdiction of Federal courts prior to the act of July 12, 1882 ; (2) Jurisdic-
          tion of Federal courts subsequent to act of July"12, 1882; (3) Jurisdic-
          tion of State courts; (4) United States can not be subjected to jurisdiction
          of court; (5) Citizenship.
XII. Suits.
     (1) By and against associations; (2) By shareholders; (3) By "receivers; (4) By
         creditors of insolvent association; (5) For usury; (6) To enforce liability
         of shareholders; (7) Execution; (8) Attachments; (9) Abatement; (10)
         Estoppel; (11) Suits against liquidating associations; (12) Transitory and
          local suits; (13) Survival of suits.
 XIII. Evidence.
       (1) Certificates of Comptroller; (2) Evidence of insolvency; (3) Necessity for
           assessment by Comptroller.
 XIV. Crimes.
      (1) Under United States laws; (2) Under State laws; (3) Term " United States
          currency v in penal statutes.
1888




                   A DIGEST OF NATIONAL-BANK CASES.


                                        CONTENTS*
    I. Constitutional law.
        (1) Powers of Congress; (2) Powers of the States. t
   II. Powers and liabilities of national banking associations.
        (1) Implied powers; (2) As to collateral securities; (3) Special deposits; (4)
            Government securities; (5) Certified check; (6) Purchasing check; (7)
            Stocks;, (8) Deposits to secure performance of contracts ; (9) Loans in ex-
            cess of one-tenth capital; (10) Real estate; (11) Certificates of deposits;
            (12) Lien on dividends; (13) Contracts and obligations of old corporation;
            (14) Place of business; (15) Circulating notes; (10) Business of liquidat-
            ing association.
  III. Ultra vires.
        (1) Dealing in stocks; (2) Purchasing negotiable paper; (3) Lending credit;
            (4) Mortgages on real estate; (5) When association cannot set up want oi
            power.
  IV. Stock.
       (1) Purchasing its own stock; (2) Liens on stock; (3) May be attached; (4)
           Capital set free belongs to shareholders; (5) Contracts to give shares for
           business; (6) Transfer of stock; (7) Subscriptions to increase of capital
           stock; (8) Specific performance of contract to sell.
   V. Shareholders.
       (1) Estopped to deny incorporations ; (2) Individual liability.
  VI. Officers.
       (1) Tenure of office ; (2) Bonds of officers ; (3) Directors must act as a board;
            (4) Borrowing of association; (5) Liability for violations of law; (6)
            Directors of converted banks; (7) Retirement of directors.
  VII. Interest.
       (1) What interest associations may take ; (2) On claims against insolvent and
           liquidating associations; (3) Usury.
 VIII. Insolvent associations.
       (1) Not subject to bankrupt act; (2) What constitutes insolvency; (3) Assets
           a trust fund; (4) United States has no priority; (5) Claims for torts; (6)
           Preferences; (7) Basis for estimation of dividends; (8) Set-off; (9) Claim
           for breach of contract of lease.
   IX. Receivers.
       (1) Officer of the United States ; (2) Whom he represents ; (3) How far subject
           to Comptroller's orders; (4) Power of courts to appoint; (5) Debtors of
           association can not question legality of appointments; (6) Receiver's decis-
           ion not final; (7) Sale by ; (8; Contracts of; (9) Expenses of receivership
           for association which has gone into liquidation.
    X. Taxation.
       (1) What may be taxed ; (2) Rate; (3) Valuation ; (4) Exemptions; (5) Collec-
           tion of tax from association; (6) License tax; (7) Powers of taxing offi-
           cers ; (8) Enforcement of taxes; (9) Location of association for taxing
           purposes.
   *Cases which tnrned upon a peculiar state of facts, ana many which but reiterate settled princi-
 ples, have been omitted; also, a few which are reported so badly or so meagerly that the precis*
 points decided do not clearly appear.
                                                                                        in
1888



 102      REPORT OF THE COMPTROLLER OF THE CURRENCY.

   XI. Jurisdiction.
       (1) Jurisdiction of Federal conrts prior to the act of July 12,1882 ; (2) Jurisdic-
           tion of Federal courts subsequent to act of July*12, 1882; (3) Jurisdic-
           tion of State courts; (4) United States can not be subjected to jurisdiction
           of court; (5) Citizenship.
 XII. Suits.
       (1) By and against associations; (2) By shareholders; (3) By receivers; (4) By
           creditors of insolvent association; (5) For.usury; (6) To enforce liability
           of shareholders; (7) Execution; (8) Attachments; (9) Abatement; (10)
           Estoppel; (11) Suits against liquidating associations; (12) Transitory and
           local suits; (13) Survival of suits.
 XIII. Evidence.
       (1) Certificates of Comptroller; (2) Evidence of insolvency; (3) Necessity for
           assessment by Comptroller.
 XIV. Crimes.
      (1) Under United States laws; (2) Under State laws; (3) Term " United States
          currency " in penal statutes.
1889




                     A DIGEST OF NATIONAL-BANK CASES.


                                          CONTENTS*
   I. Constitutional law.
       (1) Powers of Congress ; (2) Powers of the States.
  IT. Powers and liabilities of national banking associations.
       (1) Implied powers; (2) As to collateral securities; (3) Special deposits; (4)
           Government securities; (5) Certified check; (6) Purchasing check; (7)
           Stocks; (8) Deposits to secure performance of contracts; (9) Loans in ex-
           cess of one-tenth capital; (10) Real estate; (11) Certificates of deposit;
           (12) Lien on dividends; (13) Contracts and obligations of old corporation ;
           (14) Place of business; (15) Circulating notes; (16) Business of liquidat-
           ing association.
 III. Ultra vires.
       (1) Dealing in stocks; (2) Purchasing negotiable paper; (3) Lending credit;
           (4) Mortgages on real estate; (5) When association can not set up want of
           power.
  IV. Stock.
      (]) Purchasing its own stock; (2) Lien en stock; (3) Maybe attached; (4)
          Capital set free belongs to shareholders ; (5) Contract to give shares for
          business; (G) Transfer of stock; (7) Subscriptions to increase of capital
          stock ; (8) Specific performance of contract to sell.
   V. Shareholders.
      (1) Estopped to deny incorporation ; (2) Individual liability.
   VI. Officers.
       (1) Tenure of office; (2) Bonds of officers ; (3) Directors must act as a board;
           (4) Borrowing of association ; (5) Liability for violations of law; (6) Di-
           rectors of converted banks; (7) Retirement of directors.
  VII. Interest.
       (I) What interest associations may take; (2) On claims against insolvent and
           liquidating associations ; (3) Usury.
 VIII. Insolvent associations.
       (1) Not subject to bankrupt act; (2) What constitutes insolvency; (3) Assets
           a trust fund; (4) United States has no priority; (5) Claims for torts; (6)
           Preferences; (7) Basis for estimation of dividends; (8) Set-off; (9) Claim
           for breach of contract of lease.
   IX. Receivers.
       (1) Officer of the United States ; (2) Whom he represents ; (3) How far subject
           to Comptroller's orders; (4) Power of courts to appoint; (5) Debtors of
           association can not question legality of appointments; (6) Receiver's de-
           cision not final; (7) Sale by; (8) Contracts of; (9) Expenses of receiver-
           ship for association which has gone into liquidation.
   * Cases which turned upon a peculiar state of facts, and many which hut reiterate settled principles,
 have been omitted; also, a few which are reported so badly or so meagerly that the precise points de-
 cided do not clearly appear.
                                                                                              87
1889



88       REPORT OF THE COMPTROLLER OF THE CURRENCY.

   X. Taxation.
      (I) What may be taxed : (2) Rate ; (3) Valuation ; (4) Exemptions; (5) Collec-
          tion of tax from association; (G) License tax; (7) Powers of taxing-offi-
          cers; (8) Enforcement of taxes ; (9) Location of association for taxing pur-
          poses.

  XL Jurisdiction.
     (1) Jurisdiction of Federal courts prior to the act of July 12,1882; (2) Jurisdic-
         tion of Federal courts subsequent to act of July 12,1882; (3) Jurisdic-
         tion of State courts; (4) United States can not be subjected to jurisdiction
         of court; (5) Citizenship.
 XII. Suits.
      (1) By and against associations; (2) By shareholders; (3) By receivers; (4) By
          creditors of insolvent association; (5) For usury; (6) To enforce liability
          of shareholders; (7) Execution; (8) Attachments; (9) Abatement; (10)
          Estoppel; (11) Suits against liquidating associations ; (12) Transitory and
          local suits ; (13) Survival of suits.
XIII. Evidence.
      (1) Certificate of Comptroller ; (2) Evidence of insolvency; (3) Necessity for
          assessment by Comptroller.
XIV. Crimes.
     (1) Under United States laws; (2) Under State laws; (3) Term " United States
         currency" in penal statutes.

								
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