Miller v. Stock
Decision Date | 24 May 1933 |
Docket Number | No. 5119.,5119. |
Parties | MILLER v. STOCK et al. |
Court | U.S. Court of Appeals — Third Circuit |
William H. Speer and William E. Decker, both of Jersey City, N. J., for appellant.
Hugh S. Williamson, of New York City, and Edward A. Smarak, of Union City, N. J. (Breed, Abbott & Morgan, of New York City, of counsel), for appellee.
Before BUFFINGTON and DAVIS, Circuit Judges, and DICKINSON, District Judge.
In the court below the receiver of a national bank brought suit against a shareholder and recovered judgment for an assessment made by the Comptroller of the Currency. The shareholder has appealed.
We are admonished by the Supreme Court that it is the duty of federal courts to act promptly in aiding the Comptroller in enforcing the liability of shareholders, that court saying in Kennedy v. Gibson et al., 8 Wall. 498, 505, 19 L. Ed. 476: "A speedy adjustment is necessary to the efficiency and utility of the law; the interests of the creditors require it, and it was the obvious policy and purpose of Congress to give it." And in Korbly v. Springfield Inst. for Savings, 245 U. S. 333, 38 S. Ct. 88, 90, 62 L. Ed. 326, this language is virtually repeated, the statutory provisions being referred to, as intended "to promote its plain purpose of expeditiously and justly winding up the affairs and paying the debts of such unfortunate institutions."
In pursuance thereof, we act with promptness in disposing of this case and no longer delaying the enforcement of the Comptroller's assessment made September 28, 1931.
That the making of the assessment is intrusted to the Comptroller, and that his action cannot be attacked collaterally, has been uniformly held by federal courts, following Kennedy v. Gibson et al., 8 Wall. 498, 505, 19 L. Ed. 476, where it is said: In Deweese v. Smith (C. C. A.) 106 F. 438, 445, 66 L. R. A. 971, affirmed in 187 U. S. 637, 23 S. Ct. 845, 47 L. Ed. 344, it is said: ...
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