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Fisher v. Whiton, 317 U.S. 217 (1942)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fisher v. Whiton, 317 U.S. 217 (1942)
Fisher v. Whiton No. 85 Argued November 16, 1942 Decided December 7, 1942 317 U.S. 217
CERTIORARI TO THE COURT OF APPEALS OF TENNESSEE
Syllabus
1. The question as to when the period of limitations begins to run against a receiver’s claim upon an assessment levied by the Comptroller of the Currency on stockholders of an insolvent national bank is a federal question, and, in the present case, the question was duly raised and preserved by appropriate exceptions and assignments of error. P. 220.
2. It is within the authority of the Comptroller of the Currency to extend from time to time the date fixed for payment of assessments against stockholders of insolvent national banks. Nothing in the pertinent legislation, 12 U.S.C. §§ 63, 64, 66, 191, 192, prevents such extension. P. 220.
3. The receiver of an insolvent national bank did not have a complete and present cause of action to enforce the liability of a deceased stockholder until the date finally fixed by the Comptroller of the Currency, after extensions of dates previously fixed, for payment, and, in this view, the receiver’s claim against the stockholder’s estate was not barred by §§ 8225 and 8604 of the Tennessee Code. Pufahl v. Estate of Parks, 299 U.S. 217, distinguished. P. 220.
4. The desirability of closing decedents’ estates speedily does not warrant limiting the power of the Comptroller of the Currency to extend the time for payment of an assessment against stockholders of insolvent national banks. P. 221.
25 Tenn.App. 230, 155 S.W.2d 882, reversed.
Upon a petition for rehearing, an earlier order of this Court denying certiorari, 316 U.S. 691, was vacated, and certiorari was granted, 316 U.S. 707, to review a decree of an intermediate state court which affirmed a decree of the state Chancery Court barring, on the ground of limitations, a claim by the receiver of an insolvent national bank upon a stockholder’s assessment. The highest court of the State denied a petition for a writ of certiorari.
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Chicago: U.S. Supreme Court, "Syllabus," Fisher v. Whiton, 317 U.S. 217 (1942) in 317 U.S. 217 317 U.S. 218. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BZ9J78NCCGXD8RX.
MLA: U.S. Supreme Court. "Syllabus." Fisher v. Whiton, 317 U.S. 217 (1942), in 317 U.S. 217, page 317 U.S. 218. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BZ9J78NCCGXD8RX.
Harvard: U.S. Supreme Court, 'Syllabus' in Fisher v. Whiton, 317 U.S. 217 (1942). cited in 1942, 317 U.S. 217, pp.317 U.S. 218. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BZ9J78NCCGXD8RX.
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