Thompson v. German Ins. Co.

Not specified
Decided Circuit Court, D. Nebraska
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court, D. Nebraska
Decided
Judge
SHIRAS, District Judge
Posture
Demurrers to the bill were sustained and the bill dismissed
Receiver of the Central Nebraska National Bank (Complainant) (1)
S. B. Thompson
Harry E. O’Neill
v.
Defendant (original shareholder) (1)
German Insurance Company
Greene & Breckenridge am. James McNeny
Other parties: Other parties to whom stock was transferred — Defendants

Overview

The demurrers are sustained, and the bill is dismissed, at cost of complainants, because the action is barred by the state statute of limitations.

Case summary

This case involves a suit by S. B. Thompson, receiver of the insolvent Central Nebraska National Bank, to recover a 90% assessment on bank shares from the German Insurance Company and other defendants. The insurance company had transferred its shares allegedly to escape statutory liability. The bill was filed over four years after the assessment became due. Defendants demurred, challenging jurisdiction and asserting the action was barred by Nebraska's four-year statute of limitations. The court held it had jurisdiction under federal statutes as the controversy arose under U.S. laws and involved over $2,000. Applying Campbell v. Haverhill, the court ruled that state statutes of limitations apply to federal statutory actions. The court further held that the statute applies in equity, begins to run when the assessment becomes due, and was not tolled by the comptroller's assessment or bank liquidation. Since the suit was filed more than four years after the assessment due date, the action was time-barred, and the demurrers were sustained.

Abstract

Receiver for insolvent national bank sued shareholders, including an insurance company that transferred shares to escape liability, to recover a 90% assessment on bank shares. Defendants demurred, challenging jurisdiction and asserting the action was barred by the four-year state statute of limitations, which the court held applies to federal statutory actions and begins running when the assessment becomes due without tolling. The suit, filed over four years after the assessment due date, was time-barred, sustaining the demurrers and dismissing the bill.

Opinion of the court

Majority
opinion
SHIRAS, District Judge
  • Jurisdiction exists under federal statutes
  • State statute of limitations applies to federal statutory actions
  • Statute applies in equity
  • Statute began to run when assessment became due
  • Assessment did not toll statute
  • Action barred as filed more than four years after due date

Jurisdiction

challenged
Statutory basis
Acts of Congress of 1887 and 1888
Subject matter
Controversy arising under the laws of the United States (liability created by federal statute)
Jurisdictional holding
Jurisdiction exists in the circuit court under federal statutes
Jurisdictional facts
  • Amount involved exceeds $2,000 exclusive of interest and costs

Procedural posture

Posture at trial
Demurrers to the bill were sustained and the bill dismissed
Posture on appeal
Direct appeal from dismissal of bill
Preserved issues
  • Jurisdiction of circuit court
  • Applicability of state statute of limitations
  • Whether statute of limitations was tolled

Subsequent history

Petition for rehearing
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
THOMPSON v. GERMAN INS. CO. et al.
Docket number
Not specified
Court
Circuit Court, D. Nebraska
Trial court
Circuit Court, D. Nebraska
Trial court judge
SHIRAS, District Judge
Decided
Opinion author
SHIRAS, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
SHIRAS, District Judge

Issues & holdings

4
Issues raised
4
affirmed
5
Holdings
Standard of review

de novo

Disposition rationale

Jurisdiction exists under federal statutes as controversy arises under U.S. laws and amount exceeds $2,000

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

State statute applies to federal statutory actions per Campbell v. Haverhill

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Statute bar enforced in equity as well as at law per circuit court precedents

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Assessment created right of action but did not institute suit; statute began to run when assessment became due

Preservation

Issue preserved for review

Holdings of the court

Circuit court jurisdiction
Circuit court has jurisdiction over action to enforce stockholders' liability in insolvent national bank when amount exceeds $2,000
Controversy arises under U.S. laws (liability created by federal statute) and federal statutes grant jurisdiction
unanimousbinding precedent
Applicability of state statute of limitations to federal statutory action
State statute of limitations applies to bar action to enforce federal statutory liability
Following Campbell v. Haverhill, state statutes apply to federal statutory actions even when federal courts have exclusive jurisdiction
unanimousbinding precedent
Statute of limitations in equity
Statute of limitations bar applies in equity proceedings as well as at law
Established by circuit court precedents (Railway Co. v. Sage, Rugan v. Sabin, Hayden v. Thompson)
unanimousbinding precedent
When statute of limitations begins to run
Statute begins to run from date assessment becomes due and payable, not from date of assessment
Assessment creates right of action but does not institute suit; remedy requires court action
unanimousbinding precedent
Tolling of statute
Comptroller's assessment did not toll statute of limitations
Assessment is not equivalent to filing suit; differs from Richmond v. Irons where creditors' bill was filed before statute ran
unanimousbinding precedent

Error analysis

  • Failure to apply state statute of limitations to federal statutory action — procedural · no error foundNot applicable · not applicable
  • Failure to toll statute of limitations due to comptroller's assessment — procedural · no error foundNot applicable · not applicable

Statutory interpretation

2
Statute
Acts of Congress of 1887 and 1888
Question
Jurisdiction over federal statutory actions
Court's reading
Grants jurisdiction to circuit courts for controversies arising under U.S. laws involving over $2,000
Canons applied
Plain meaning
Statute
Comp. St. Neb. 1895, §§ 5599-5601
Question
Applicability to federal statutory actions
Court's reading
Applies to actions upon liability created by statute, including federal statutes
Canons applied
Following precedent (Campbell v. Haverhill)

Burden of proof

Prosecution burden
Not applicable (civil equity proceeding)
Burden met
false

Standards of review

  • Jurisdiction and applicability of statute of limitations — de novo Questions of law reviewed de novo

Timeline

4
Events
1,595
Days, incident to ruling
—
Span
factual eventcited in opinion

Comptroller made 90% assessment on shares of Central Nebraska National Bank

Created right of action against stockholders

Statute of limitations
Comptroller of currency
factual eventcited in opinion

Assessment became due and payable

Statute of limitations began to run from this date

Statute of limitations
procedural eventcited in opinion

Bill filed in circuit court to enforce assessment

Outcome: Demurrers filed

Suit commenced more than four years after assessment due

Statute of limitations
S. B. Thompson (receiver) · German Insurance Company · Other defendants trial court
rulingcited in opinion

Demurrers sustained and bill dismissed

Outcome: Bill dismissed at cost of complainants

Court held action barred by state statute of limitations

Statute of limitations
SHIRAS, District Judge trial court

Facts & evidence

Incident

Date

Key facts

6 facts
  1. Complainant is receiver of Central Nebraska National Bank, appointed by comptroller of currency
  2. On July 13, 1892, comptroller made 90% assessment on face value of bank shares, due August 3, 1892
  3. Bill filed October 5, 1896, over four years after assessment due
  4. German Insurance Company was original shareholder with 100 shares at $100 par value
  5. Insurance Company transferred shares to other parties with knowledge of bank's insolvency to escape statutory liability
  6. Amount of assessment sought is $9,000

Disputed questions

  • Whether transfer of shares was fraudulent to escape liability

Procedural history

4 steps
  1. Bill filed October 5, 1896 to enforce assessment against stockholders
  2. Demurrers filed by defendants challenging jurisdiction and statute of limitations
  3. Demurrers sustained and bill dismissed
  4. Complainant filed amended bill (77 Fed. 258) which was also dismissed upon demurrer

Evidence in the record

Documentary
  • Bill filed in case
  • Assessment order by comptroller
Challenged
  • Evidence type: Allegations in bill regarding fraudulent transfer · Challenge basis: Statute of limitations · Trial court ruling: excluded · Reasoning: Action barred by limitations regardless of merits · Challenged on appeal: false · Appellate outcome: not applicable

Objects of relevance

Shares of capital stock of Central Nebraska National Bank

Policy considerations

  • Balance between enforcing statutory liabilities and finality through limitations periods

Authorities

Cited authorities (3)

Campbell v. Haverhill, 155 U. S. 610, 15 Sup. Ct. 217
followedprecedent
State statute of limitations applies to federal statutory actions
Richmond v. Irons, 121 U. S. 27, 7 Sup. Ct. 788
distinguisheddistinguished
Distinguished - creditors' bill filed before statute ran tolled limitations
Hawkins v. Glenn, 131 U. S. 319, 9 Sup. Ct. 739
followedprecedent
Statute begins to run from date assessment due

Related cases (11)

Campbell v. Haverhill, 155 U. S. 610, 15 Sup. Ct. 217
precedent
State statute of limitations applies to federal statutory actions
Richmond v. Irons, 121 U. S. 27, 7 Sup. Ct. 788
distinguished precedent
Creditors' bill filed before statute ran tolled limitations for subsequent joining creditors
Case v. Terrell, 11 Wall. 199
precedent
Receiver acts as trustee for creditors, not sovereign
Scott v. Armstrong, 146 U. S. 499, 13 Sup. Ct. 148
precedent
Receiver represents creditors
Hawkins v. Glenn, 131 U. S. 319, 9 Sup. Ct. 739
precedent
Statute runs from date assessment due
Glenn v. Liggett, 135 U. S. 533, 10 Sup. Ct. 867
precedent
Statute runs from date assessment due
Glenn v. Marbury, 145 U. S. 499, 12 Sup. Ct. 914
precedent
Statute runs from date assessment due
Liggett v. Glenn, 2 C. C. A. 286, 51 Fed. 381
precedent
Statute runs from date assessment due
Railway Co. v. Sage, 1 C. C. A. 256, 49 Fed. 815
precedent
Statute applies in equity
Rugan v. Sabin, 3 C. C. A. 578, 53 Fed. 415
precedent
Statute applies in equity
Hayden v. Thompson, 17 C. C. A. 592, 71 Fed. 60
precedent
Statute applies in equity

Statutes

  • Acts of Congress of 1887 and 1888 (jurisdiction)
  • Comp. St. Neb. 1895, §§ 5599-5601 (statute of limitations)

Standards & doctrines

  • Campbell v. Haverhill doctrine on state statutes applying to federal actions

Legal principles applied

  • State statutes apply to federal statutory actions per Campbell v. Haverhill
  • Statute applies in equity as well as at law

Notable quotes

“The fact that this proceeding is based upon a federal statute does not except it from the operation of the state statute of limitations.”
SHIRAS, District Judge — Discussion of applicability of state statute to federal statutory action
Establishes principle that state limitations apply to federal claims
“The act of the comptroller in making the assessment created a right of action against the stockholders, but it was not the institution of a suit for the enforcement of the right of action thus called into being.”
SHIRAS, District Judge — Explanation of why assessment did not toll statute
Distinguishes between creating right of action and instituting suit
Index terms49
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Entities and documentation
Legal actions
Action type
dismissed
Target
Bill in equity
Appealed from
Circuit Court, D. Nebraska
Context
Demurrers sustained and bill dismissed because action barred by statute of limitations
Scope
full
Further instructions
At cost of complainants
Disposition vote
unanimous
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Shiras
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