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← 78 F.2d 735 - Hamilton v. Offutt

Hamilton v. Offutt’s Empirical Analysis

78 F.2d 735 · 1935

Citation profile

12
cited by 12 later decisions
February 1941
most recently cited

10 federal appellate · 2 district ·

Relationships

Applies 12 U.S.C. § 143 · 12 U.S.C. § 191 (National Bank Receivership Act) · 12 U.S.C. § 87 · 12 U.S.C. § 95

Relies on Pinney v. Nelson · Brunswick Terminal Company v. National Bank of Baltimore · Washington Loan & Trust Co. v. Allman · Harper v. Moran

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In our opinion, section 298 of the Code, supra, which authorizes the Comptroller to take possession of an insolvent state bank in the District of Columbia for the reasons and in the manner and to the same extent as is provided by the laws of the United States with respect to national banks, refers to procedure rather than to substantive liability. Unquestionably, we think, it incorporates all the national bank acts which have to do with the machinery of administration in the case of insolvent banks and gives to the Comptroller the same control and management of an insolvent state bank operating in the District of Columbia as in the case of national banks. It likewise includes all provisions for the collection of debts and the distribution of assets, and as well the enforcement of the liability of stockholders. But the language of the statute nowhere creates a liability where none exists. R.S. § 5151, as amended [ 12 U.S.C.A. § 63 ], which is the section of the general law establishing double liability of bank stockholders, is by its terms confined to national banks, and there is nothing in D.C.Code 1929, T. 5, § 298, which will sanction our reading it into that section.””
    1 later decision quote this exact passage · from the dissent

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.