National Bank Cases: Containing All Decisions of Both the Federal and State Courts Relating to National Banks, from 1878 to  Also, the Acts Relating to National Banks, Volum 3
Bancraft-Whitney Company, 1889
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act of Congress action Adam Smith alleged amended amount appellant appellee applied assessment assessors assets authority Bank Cas bill bonds Britton capital stock cashier cent certificate of deposit charged Circuit Court claim complaint Comptroller contract Coolbaugh corporation creditors Currency debts decree deduction deed defendant in error directors discount evidence exempt fact funds greater rate hands of individual held holders indebtedness indorsed insolvent invested issued judgment jurisdiction jury liability Libby loan ment moneyed capital mortgage National bank shares National Banking Act National banking association Orleans Nat owner paid par value parties payment personal property plaintiff in error president promissory note purchase question real estate receiver recover Revised Statutes savings banks shareholders shares of National shares of stock stockholders suit Supervisors of Albany tax payer taxation thereof tion transaction transfer trust ultra vires United usurious York
Side 368 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Side 468 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Side 407 - Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it...
Side 436 - No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion Of its capital.
Side 639 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Side 475 - All that can be required of a trustee to invest, is, that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of the capital to be invested.
Side 466 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Side 388 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Side 534 - As a creditors' bill, in the ordinary sense, the complaint is manifestly insufficient. The thresher company, however, plants itself upon the so-called "trust-fund" doctrine .that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a