Cobe v. Hackney

Citations

• 83 Kan. 306
• 111 P. 458
• 1910 Kan. LEXIS 527

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Parties — Real Party in Interest — Assignee of Receiver of a National Bank — Note Executed by Stockholder. The receiver of a national bank, with the direction and approval of the comp- - troller of the currency and under an order of the district court of Shawnee county, sold, indorsed and transferred to the plaintiff certain promissory notes, executed by a stockholder of the bank in settlement of his statutory liability under the provisions of the national banking act. The notes were payable to the receiver, and the proceeds thereof were applied, under the direction of the comptroller, in satisfaction of the claims of the creditors of the bank. Held, that the purchaser could maintain an action upon the notes, and that the defendant, having suffered no prejudice to his defense by the transfer, is not in a position to question the jurisdiction of the district court to make the order, or the validity of the sale, or the title of the purchaser. •</p>