Trenholm v. Commercial Nat. Bank

Citations

• 38 F. 323
• 1889 U.S. App. LEXIS 2133

Syllabus

<p>1. Banks and Banking — National Banks — Forebiture oe Charter — Pleading.</p> <p>Rev. St. U. S. § 5239, declares that, “if the directors of any national banking association shall knowingly violate or knowingly permit any of the officers, agents, or servants of the association to violate any of the provisions of this title, all the rights, privileges, and franchises of the association shall bo thereby forfeited. ” The title referred to is title 62, which embraces the subject of the organization, powers, duties, and liabilities of national banks. Held that, as the section only refers to acts done by the directors, or by the executive officers with the knowledge of the directors, an information seeking a forfeiture, which charges that the association did the act, is insufficient.</p> <p>2. Same.</p> <p>In an information charging that “the banking association and the directors thereof did knowingly permit,” etc., the allegation that the association, aside from the directors, permitted the doing of the alleged acts, tenders an immaterial issue, and should bo stricken out on motion.</p>