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BUTLER V. EATON, 141 U. S. 240 (1891)

U.S. Supreme Court

Butler v. Eaton, 141 U.S. 240 (1891)

Butler v. Eaton

No. 301

Argued March 23-24, 1891

Decided May 25, 1891

141 U.S. 240


Pacific National Bank v. Eaton, ante, 141 U. S. 227, and Thayer v. Butler, ante, 141 U. S. 234, affirmed and applied to this case.

An action between a plaintiff and a national bank, and an action between the receiver of that bank as plaintiff and the plaintiff in the other action as defendant, are substantially suits between the same parties.

A receiver of a national bank brought an action in a circuit court of the United States to recover the amount of an unpaid subscription to stock of the bank. The defendant set up a judgment in her favor in the state court on the same issue as an estoppel, and the Circuit Court held it to be an estoppel. That judgment of the state court, being brought before this Court by writ of error, was reversed here, and this Court in the case from the circuit court, also brought here in error, held that the judgment of the circuit court should be reversed, and the cause remanded with directions to enter judgment for the receiver.

The case is stated in the opinion.

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