Cadle v. Baker
Cases that cite this one
19 later published cases cite this decision.
- Stevens v. Carolina Scenic Stages (4th Cir. 1954)
- Ross v. Long (Iowa 1934)
- Michigan State Industries v. Fischer Hardware Co. (Ohio Ct. App. 1934)
- Thomas v. Hubbard (District Court, W.D. Pennsylvania 1933)
- Simmons & Kell v. Freeman (Ga. 1916)
- Lyons v. Bank of Discount of New York (U.S. Circuit Court for the District of Southern New York 1907)
- Barbour v. National Exchange Bank (Ohio 1887)
- Arkansas Louisiana Gas Company v. H. A. Kroeger (5th Cir. 1962)
- Grant v. A. B. Leach & Co. (Supreme Court of the United States 1930)
- McCaskill v. Chattahoochee Fertilizer Co. (Ga. 1929)
- Main v. Schroeder (Minn. 1927)
- Jacobson v. Berry (Ill. App. Ct. 1907)
- Threadgill v. Colcord (Okla. 1906)
- Metropolitan National Bank v. Commercial State Bank (Iowa 1898)
- Greenawalt v. Wilson (Kan. 1893)
- Peters v. Foster (New York Supreme Court 1890)
- Case v. Small (U.S. Circuit Court for the District of Eastern Louisiana 1881)
- Mathews v. McStea (Supreme Court of the United States 1875)
- Sanger v. Upton (Supreme Court of the United States 1875)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
We think such averments as the defendant alleges to be necessary and the want of which he has assigned for cause of demurrer, were not necessary. The debtors of a bank, when sued by a receiver, cannot inquire into the legality of his appointment. It is sufficient for the purposes of such a suit that he has been appointed and is receiver in fact.' As to debtors, the action of «the - comptroller in making the appointment is conclusive until set aside on the application of the bank. The bank may move in that behalf, but the debtor cannot. Section fifty makes express provision for a contest by the bank.
The court below erred in sustáining the demurrer, and for that reason the judgment is reversed and the cause remanded with instructions to overrule .the demurrer to the declaration and
Proceed accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.