Aldrich v. Skinner

• Decision Date: 21 December 1899
• Citation: 98 F. 375
• Court: United States Circuit Court, District of Washington
• Parties: ALDRICH v. SKINNER.

98 F. 375

ALDRICH v. SKINNER.

United States Circuit Court, D. Washington, Western Division.

December 21, 1899

P Tillinghast and E. E. Cushman, for plaintiff.

Campbell & Powell, for defendant.

HANFORD District Judge.

The complaint alleges that the Tacoma National Bank, being insolvent, suspended payment and closed its doors on the 4th day of December, 1894, and a receiver was appointed, who qualified and took possession of the assets on the 27th day of December, 1894, and on the 30th day of January, 1899, the comptroller of the currency of the United States, by virtue of the authority vested in him by law, made a second assessment and requisition upon the shareholders of said bank, in order to provide necessary funds to pay the debts of the bank, which assessment upon each and every share of stock of said bank the comptroller ordered to be paid on or before the 1st day of March, 1899, and directed the receiver to take the necessary proceedings, by suit or otherwise, to enforce the individual liability of each shareholder to the extent of said assessment; and the complaint further alleges that at the time of the suspension of said bank the defendant was the owner of and holder of eight shares, and that she has not paid the assessment ordered by the comptroller of the currency against said shares. This action was commenced to collect the assessment upon the defendant's shares on the 20th day of September, 1899. The defendant's answer contains an affirmative defense in the nature of a plea in bar, alleging that the action was not commenced within the time limited for the commencement of such an action by the laws of the state of Washington. The statute of limitations of this state provides as follows 'Actions can only be commenced within the periods herein prescribed after the cause of action shall have accrued, * * * . Within three years, * * * 3. An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; * * * An action for relief not herein before provided for shall be commenced within two years after the cause of action shall have accrued.' 2 Ballinger's Ann.Codes & St.Wash. §§ 4796 4800, 4805.

The plaintiff sues, in his official capacity, to enforce a liability created by an act of congress; and I regard it as a serious question whether any state law can create a barrier or limitation upon the right of the receiver to collect assessments at the time and in the manner specified in the directions given to him by the comptroller of the currency. It is contended on the part of the defendant that in all cases wherein congress has authorized actions, without specifying any other limitation of time, it is to be presumed that it was intended that the state statutes of limitations should be applicable thereto, by force of section 721 Rev St. U.S., and this contention appears to be sustained by the reasoning in the opinion of Mr. Justice Brown in the case of Campbell v. City of Haverhill, 155 U.S. 610-620, 15 Sup.Ct. 217, 39 L.Ed. 240. I shall therefore assume that the state law...