Dexter Horton Nat Bank of Seattle, Wash, v. Hawkins
| Decision Date | 16 October 1911 |
| Docket Number | 2,018. |
| Citation | 190 F. 924 |
| Parties | DEXTER HORTON NAT. BANK OF SEATTLE, WASH., v. HAWKINS et al. |
| Court | U.S. Court of Appeals — Ninth Circuit |
A. R Heilig and Peters & Powell, for appellant.
Fink & White, for appellees.
Before GILBERT and ROSS, Circuit Judges, and WOLVERTON, District judge.
The appellee, Washington-Alaska Bank, is a corporation organized under the laws of Nevada, and was on January 5, 1911, doing a general banking business at Fairbanks, in the territory of Alaska. On that date the Tanana Valley railroad Company and John Zug, being creditors, and the latter a stockholder, of the bank, instituted a suit against the bank for dissolution, with a view of finally winding out its business. As a means to that end, the appellees F. W. Hawkins and E. H. Mack were appointed receivers of its properties and effects. The appellee Fred G. Noyes was later appointed receiver to succeed Hawkins and Mack. Prior to the institution of this suit the Dexter Horton National Bank was its correspondent at Seattle, Wash. The former bank, on December 24, 1910, had largely overdrawn its account with the latter, and, upon the insistence of the latter, the former on the 26th, 28th, and 30th days of December delivered to the Yukon Express Company, a common carrier, three packages in gold coin, currency, and bullion, aggregating $101,000 consigned to Dexter Horton National Bank, at Seattle, Wash., charges prepaid. The packages were forwarded by the express company from Fairbanks to Chitna, and thence by rail to the coast at Cordova, in Alaska. The receivers, claiming to be the owners of the treasure thus consigned to Dexter Horton National Bank, made demand upon the transportation company for a redelivery of the possession to them, and, being denied, applied on January 7, 1911, to the court for a writ of assistance, which being issued, the marshal seized the treasure at Cordova, and on January 27, 1911, delivered the same to the receivers.
On January 19th the appellant filed a petition in said cause, showing the facts as above related as they existed up to that date, and expressing the desire that it be given an opportunity to be heard in support of the same, to the end that the order made on January 7th be rescinded and set aside, and the receivers directed to restore the treasure to it; the Dexter Horton National Bank claiming that the property belongs to it. The entry of the court shows that the petition was presented and read, and by leave of the court was filed in the cause, whereupon it was ordered that a hearing be had in said court upon the matters and things set forth in said petition. Testimony was taken in due course, and a hearing had, resulting in a denial and dismissal of the petition. The court found, among other things, that under the agreement between the two banks and the invariable custom the title to such shipment of money, bullion, and evidence of indebtedness passed to the Dexter Horton National Bank only when actually received over the counter of that bank. Thus it was held in a negative way that the title to the three boxes of treasure so shipped and consigned to the bank at Seattle did not pass to that bank by the shipment and consignment. Based upon this finding, the petition was dismissed.
The appellee, the Washington-Alaska Bank, now moves to dismiss the appeal, for the reason that the order dismissing the petition is not a final order, and hence not one from which an appeal will lie. Counsel in his brief and argument presents two points for decision, namely, that appellant is not a party to the record, hence is not entitled to appeal, and that the order is not final, and will not support an appeal.
There was and could be but one purpose on the part of the Dexter Horton National Bank in petitioning the court to rescind its order granting the writ of assistance, which was to have the court determine its right and title to the shipments of coin bullion, and evidence of...
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Clark v. Williard
...4 S.Ct. 638, 28 L.Ed. 559; United States v. River Rouge Co., 269 U.S. 411, 414, 46 S.Ct. 144, 70 L.Ed. 339; Dexter Horton National Bank of Seattle v. Hawkins (C.C.A.) 190 F. 924, 927). The doctrine of those cases is applicable here. Further judicial proceedings may be necessary between the ......
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Republic of China v. American Express Co.
...the sauce-for-the-gander doctrine enunciated in Hovey v. McDonald, 109 U.S. 150, 156, 3 S.Ct. 136, 27 L.Ed. 888; Dexter Horton National Bank v. Hawkins, 9 Cir., 190 F. 924, 927. In Ex parte Tiffany, 252 U.S. 32, 37, 40 S.Ct. 239, 241, 64 L.Ed. 443, the Court referred to the Dexter Horton Na......
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Rector v. United States
...order, for, if correct, it finally and absolutely disposes of the appellant's alleged rights in the premises." In Dexter Horton Nat. Bank v. Hawkins, 190 F. 924 (C. C. A. 9), an order denying delivery of property by receivers. Court (page 926) "It is said that the court made no order determ......
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Isidor Paiewonsky Associates, Inc. v. Sharp Properties, Inc.
...they had appellate jurisdiction over challenges to orders granting or denying writs of assistance. See, e.g., Dexter Horton Nat'l Bank v. Hawkins, 190 F. 924 (9th Cir.1911). 3 See also United States v. Young, 806 F.2d 805 (8th Cir.1986) (per curiam) (reviewing order issuing writ of assistan......