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STUART v. HAYDEN

Nos. 151, 160.

169 U.S. 1 (1898)

18 S.Ct. 274

42 L.Ed. 639

STUART, v. HAYDEN. GRUETTER, v. STUART.

Supreme Court of United States.

Decided January 10, 1898.

Attorney(s) appearing for the Case

Mr. C.C. Flansburg for Stuart.

Mr. G.M. Lambertson for Hayden. Mr. Amasa Cobb, Mr. A.E. Harvey and Mr. F.M. Hall were on his brief.

Mr. John H. Ames for Gruetter.

MR. JUSTICE HARLAN delivered the opinion of the court.

On the 6th day of February, 1893, the Comptroller of the Currency appointed a receiver of the Capital National Bank of Lincoln, Nebraska, which had a nominal capital of three hundred thousand dollars. The bank had shortly before suspended business, and upon due examination had been found to be insolvent.

Subsequently, June 10, 1893, that officer — having first determined that in order to pay the...

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