Papers on Appeal from Order of Interpleader

Papers on Appeal from Order of Interpleader

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...aforesaid represented to the depositors in said bank that the said bank was solvent and could lawfully and properly accept deposits from such depositors."' (Fol. 1;i.) (5) That the representation aforesaid was false and the defendants and enrli of them /.e?i' // to he false. That on that day the " bank was, in fact, hopeIssly insolvent, and the defendants and. each of them then /iji-that the said bank was hoJielessly instd rent, and knur that the said bank cotdd not lairf ally or )-eierly accept deposits from the depositors in said bank." The material allegations of the complaint were denied by the answer (fol. 01 et seq.K McDonald, although named as defendant, was not served with process. Hlaut, although served, did not defend. The case, therefore, must be considered on the assumption that Uhlmann, either alone or with either Blaut and McDonald, or both, was in charge and control of the bank as alleged; that the bank was then insolvent to his, Uhhuann's knowledge, and that Uhlinnini by false representations deceived plain till." No by-law or resolution of the hoard divesting the hoard and the oflieers to whom the statute commits the management, and placing the bank in the control of two directors, was proved or suggested. If I'hlmann alone, or with McDonald, was in "actual control of said bank and managed and directed the affairs thereof," as pleaded, that fact must be collected from what transpired. Plaintiff's assignors testified only as to the physical fact of making the deposits, and did not suggest that they ever saw defendant Dhlmann. The principal witness for plaintiff was Morton, the bank's bookkeeper (fol. 203). His evidence was very uncertain in matter of dates of occasions when...
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Product details

  • Paperback | 324 pages
  • 189 x 246 x 17mm | 581g
  • United States
  • English
  • black & white illustrations
  • 1236925246
  • 9781236925244