93 F. 326 | 9th Cir. | 1899
after stating the facts, delivered the opinion of the court.
■The question presented on the appeal in this case is whether the eir.cúit court erred in sustaining a demurrer to the hill for want of equity. The facts stated in the hill are substantially the same as those which .were involved in the case of Bank v. Mathews, 29 C. C. A. 491, 85 Fed. 934, recently decided by this court. In that case the court said:
“When a man subscribes to a proposed increase of stock in a national bank, with knowledge that the stockholders had, by a resolution duly passed, authorized the officers of the association, with the approval' of the comptroller 'of the currency, to increase the capital stock in any multiple of $50,000, up to .'$300,000, as the subscriptions shall be paid in, he is bound by his act of subscription in any amount of the increased stock which may at any time thereafter be voted and'authorized, not exceeding the amount of $300,000. and not Exceeding the amount of money actually paid in, and is estopped from ques‘tiohing the regularity of the proceedings of the bank, its directors, officers, or Shareholders, provided the certificate and consent of the comptroller of the fcurfency to such increase has been obtained. * * * His [the comptroller’s] judgment as to the sufficiency of the facts and regularity of the proceedings, like that of other special tribunals, upon matters coming within his exclusive jurisdiction, is unassailable, except by a direct proceeding for correction or 'amendment.”
It; is' attempted to distinguish the present ease from that, on the .ground that in the case at bar the action of the comptroller of the