Bartley v. Hayden
| Decision Date | 26 May 1896 |
| Citation | 74 F. 913 |
| Parties | BARTLEY, Treasurer, v. HAYDEN. |
| Court | U.S. District Court — District of Nebraska |
A. S Churchill, for plaintiff.
Cobb & Harvey, for defendant.
From the averments of the amended petition it appears that the plaintiff was, in the year 1893, the treasurer of the state of Nebraska, and that on the 16th day of January, 1893, in his capacity of state treasurer, he deposited in the Capital National Bank Of lincoln, Neb., the sum of $285,357.85; that on the 21st of January, 1893, the said national bank failed and suspended business; that subsequently the present defendant, Kent K. Hayden, was appointed the receiver of said bank by the comptroller of the currency, the named bank being incorporated as a national bank under the provisions of the acts of congress of the United States, and as such receiver the defendant has assumed charge of the assets and affairs of said bank; that on the 11th day of May, 1893, and again on the 15th day of June, 1893, the plaintiff presented a duly-verified claim for said state funds to the said defendant as receiver, and asked that said claim be allowed as a valid claim, and entitled to share in the dividends paid from the assets of said insolvent bank; that said receiver refused to allow said claim. Based upon these alleged facts the plaintiff prays that the claim may be established as against said receiver. To this petition the defendant demurs on the ground that the petition shows on its face that the court has not jurisdiction, and, furthermore, that the facts alleged do not show a cause of action.
As it is not averred that the plaintiff and defendant are citizens of different states, the jurisdiction of this court depends upon the laws of the United States, within the meaning of the first clause of the act of congress of 1887, as amended by the act of 1888, which declares that the circuit courts of the United States shall have jurisdiction, concurrent with the courts of the state, in all cases at law of in equity wherein the matter in dispute exceeds in value the sum of $2,000, exclusive of interest and costs, and arising under the constitution or laws of the United States. The defendant in the case is a receiver of a national bank, duly appointed by the comptroller of the currency. He is made the defendant in the suit because he is the receiver of the Capital National Bank, and any and all relief which the court can grant in the case is based upon the fact that he is such receiver, holding his position by virtue of the provisions of the laws of the United States; and, under the provisions thereof it is claimed by the plaintiff that he owes certain duties to the plaintiff as a creditor of the insolvent bank. It is certainly clear from the allegations of the petition that the plaintiff bases his claim to relief against the defendant upon the fact that the defendant is the receiver of the Capital National Bank, and upon the duties and obligations which, it is assumed, are created by the position occupied by the defendant. The plaintiff could not proceed...
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... ... ordinary suit by or against a federal corporation. A suit by ... or against a receiver of a national bank (Bartley v ... Hayden (C.C.) 74 F. 913), or a receiver appointed by a ... federal court (Central Trust Co. v. East Tenn. V. & G ... Ry. Co. (C.C.) 69 F ... ...
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...278; Gilbert v. McNulta (C. C.) 96 F. 83; Sowles v. Witters (C. C.) 43 F. 700; St. Luke's Church v. Sowles (C. C.) 51 F. 609; Bartley v. Hayden (C. C.) 74 F. 913; Guarantee Co. v. Hanway, 104 F. 369, 44 C. C. A. By paragraph 1 of section 24 of the Judicial Code as amended (section 991, Comp......
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State of Nebraska v. Hayden
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