Fowler v. Palmer

• Decision Date: 07 February 1908
• Docket Number: 695.
• Citation: 160 F. 1
• Parties: FOWLER v. PALMER et al.
• Court: U.S. Court of Appeals — Fourth Circuit

160 F. 1

FOWLER v. PALMER et al.

No. 695.

United States Court of Appeals, Fourth Circuit.

February 7, 1908

Daniel Trigg, for appellant.

George E. Penn and J. T. Coleman (J. I. Hurt, James L. White, and R M. Page, on the brief), for appellees.

Before PRITCHARD, Circuit Judge, and BRAWLEY and BOYD, District Judges.

BOYD District Judge.

On the 16th of December, 1905, A. P. Fowler, receiver of the American Exchange National Bank, of Syracuse, N.Y., filed in the Circuit Court of the United States for the Western District of Virginia, his bill in chancery, as follows:

'To the Honorable Judge of the Circuit Court of the United States for the Western District of Virginia:

'1. The bill of complaint of A. P. Fowler, receiver of the American Exchange National Bank of Syracuse, in the state of New York, who is a citizen of the state of New York and who holds his position as receiver of the said bank by appointment of the Comptroller of the Currency, and as successor by substitution, as hereinafter stated, to the rights, duties, obligations, and responsibilities of J. W. Schofield, the former receiver of the said American Exchange National Bank of Syracuse, in the management and control of the uncollected assets of the said bank, all of which came into his hands upon his appointment

as such receiver, complainant, against Charles F. Palmer in his own right; C. F. Palmer, administrator of the estate of George W. Palmer, deceased; the Palmer Land & Cattle Company, incorporated; the Palmer-Thomas Lumber Company, incorporated; the L. A. Palmer Company, incorporated; the Holston Mercantile Company, incorporated; the Holston Salt & Plaster Company, incorporated-- which said named companies are corporations created by and existing under the laws of the state of Virginia, and doing business in the said state, and in the Western District of Virginia; and Charles F. Palmer and Leon A. Palmer, late partners under the firm name and style of L. A. Palmer & Co.; James W. Bell, trustee, under a deed of trust executed to him by the Palmer Land & Cattle Company; Mrs. Susan M. Palmer, the wife of Charles F. Palmer; Walter S. Preston, executor of A. C. Cummings, deceased; the Lynchburg National Bank; the Bank of Chilhowie, a corporation created and existing under the laws of the state of Virginia; the First National Bank of Lynchburg, Lynchburg, Va.; the Chatham National Bank of New York City; the Marion National Bank of Marion, Va.; the Bank of Marion, a corporation created by and existing under the laws of the state of Virginia; the American National Bank of Orange, Va.; the Citizens' Bank of Lebanon, Va., a corporation created by and existing under the laws of the state of Virginia; the Radford Trust Company, of Radford, Va., a corporation created by and existing under the laws of the state of Virginia; the Drovers' & Mechanics' National Bank of Baltimore, Md.; the American Bank of Orange, Va., a corporation created by and existing under the laws of the state of Virginia; the Saltville Bank of Saltville, Va., a corporation created by and existing under the laws of the state of Virginia; the Bank of Wytheville, Wytheville, Va., a corporation created by and existing under the laws of the state of Virginia; the Bank of Glade Spring, of Glade Spring, Va., a corporation created by and existing under the laws of the state of Virginia; the People's National Bank of Lynchburg, Va.; the First National Bank of Abingdon, Va.; V. H. Thomas and W. F. Smyth and H. L. Morgan, S. F. Akers, trustee, in a deed of trust executed to him as trustee by the Holston Mercantile Company; Lynchburg Grocery Company, a corporation under the laws of the state of Virginia; S. Frank & Sons; the Cox Hat Company; the Chilhowie Milling Company; the Mathieson Alkali Works-- the last three named being corporations under the laws of the state of Virginia; F. A. Davis & Sons; the George DeWitt Shoe Company; the Baker Grocery Company-- corporations created by and existing under the laws of the state of Virginia; Harris, Woodson & Co.; C. M. McClung & Company; Huntsman Brothers & Co.; Pulaski Grocery Company; Cowan, McClung & Co.; Robert Harris & Bros.; the Abingdon Grocery Company; Frank Shantz; the Seinshiner Paper Company; Carlin & Fulton; E. W. King & Co.; E. C. De Witt & Co.; the Art Bedstead Company; George B. Thomas, Jr.; John E. Hurst & Co.; Lockett, Reeves & Co.; D. M. Ferry & Co.; the W. H. Miles Shoe Company; Wyndham B. Robertson and George E. Worden, directors in the Holston Mercantile Company, defendants.

'Complainant alleges that the said American Exchange National Bank of Syracuse was organized on the 11th day of April, 1900, with a capital stock of $200,000, and from the 12th day of April, 1900, continued to do business as a national banking corporation, with its principal office and place of business in the city of Syracuse, Onondago county, N.Y., down to and including the 10th day of February, 1904. On February 10, 1904, and at the close of business hours, the said bank being insolvent, closed its doors and suspended business.

'On the 11th day of February, 1904, the Comptroller of the Currency of the United States, William B. Ridgely, having become satisfied of the insolvency of said bank, appointed Josiah Van Vranken, Esq., as receiver of the same, under and in accordance with the statutes and laws of the United States, his commission bearing date the 11th day of February, 1904; that on said date said Van Vranken having duly qualified as such receiver, entered upon his duties as such, took possession of the books, records, and assets of the said bank, and continued to act as such receiver until the 11th day of April, 1904, he having resigned as such receiver and his resignation having been accepted, to take effect on such date. On the 6th day of April, 1904, the Comptroller of the Currency, in accordance with the statutes and laws aforesaid, issued a commission to John W. Schofield, thereby appointing him receiver of said bank, his appointment to take effect on the 11th day of April, 1904; that on said date the said Schofield duly qualified, entered upon his duties, and took possession of the books, records, and assets of said bank, and continued to act as receiver until the 31st day of March, 1905, he having resigned as such receiver, and his resignation having been accepted by the Comptroller of the Currency to take effect on said date.

By commission issued by the Comptroller of the Currency under the statutes and laws above mentioned, bearing date the 22d day of March, 1905, your complainant was appointed receiver of said bank, such appointment to take effect, by the terms of such commission, on the 31st day of March, 1905. On said date complainant duly qualified and entered upon his duties and took possession of the books, records, and assets of said bank, and ever since has been and now is acting as such receiver.

'2. Your complainant alleges that his predecessor, J. W. Schofield, as such receiver of the American Exchange National Bank of Syracuse, N.Y., recovered in the Circuit Court of the United States for the Western District of Virginia, at Abingdon, Va., the following named judgments. Some of said judgments were obtained at the October term of said court, 1904, and others of them at the May term, 1905:

'No. 565. Against Charles F. Palmer, administrator of the estate of George W. Palmer, deceased, for $9,250, with interest at 5% from January 18, 1904, till paid, and costs amounting to $18.65. Date of judgment, December 22, 1904, docketed in Washington county, Va., January 10, 1905.

'No. 566. Against Charles F. Palmer, for $4,500, with interest at 6% from May 9, 1904, till paid, and costs amounting to $29.25. Date of judgment, December 22, 1904, docketed January 10, 1905, in Washington county, Va.

'No. 567. Against Charles F. Palmer in his own right and Charles F. Palmer, administrator of the estate of Geo. W. Palmer, deceased, for $19,500, with interest at 6% on $4,000 from May 30, 1904; on $2,500 from March 8, 1904; on $2,500 from March 23, 1904; on $5,000 from March 30, 1904; on $1,500 from May 4, 1904; on $4,000 from March 30, 1904, until paid, and costs, $24,35. Date of judgment, December 22, 1904. Docketed in Washington county, Va., January 10, 1905.

'No. 568. Against the Holston Salt & Plaster Company and Charles F. Palmer, administrator of Geo. W. Palmer, deceased, and Charles F. Palmer, in his own right for $9,250, with interest at 5% from November 18, 1903, till paid, and costs, $22.20.

'No. 569. Against the Holston Salt & Plaster Company and C. F. Palmer for $4,750, with interest from May 31, 1904, and costs, $14.75. Obtained May 5, 1905.

'No. 570. Against Charles F. Palmer, administrator of the estate of Geo. W. Palmer, deceased, and Charles F. Palmer in his own right, for $9,250, with interest at 5% from March 21, 1904, until paid, and $22.75 costs. Date of judgment, December 22, 1904. Docketed January 10, 1905, in Washington county, Va.

'No. 571. Against L. A. Palmer and Charles F. Palmer composing the firm of L. A. Palmer & Co., for $9,250, with interest at 5% from January 18, 1904, until paid, and $20.80 costs. Date of judgment, December 22, 1904. Docketed in Washington county, Va., January 10, 1905.

'No. 572. C. F. Palmer, and C. F. Palmer, administrator of Geo. W. Palmer, deceased, for $11,500, with interest from March 1, 1903, and costs, $24. Judgment obtained May 5, 1905.

'No. 573. Against W. F. Smyth and Charles F. Palmer for the sum of $675, with interest thereon at 6% from April 28, 1904, until paid, and $20.35 costs. Date of judgment, December 22, 1904. Docketed January 10, 1905.

'No. 574. Against the Holston Mercantile Company and Charles F. Palmer for $1,145, with interest at 6% from May 9,

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