Bank of Bethel v. Pahquioque Bank (1871)

In Bank of Bethel v. Pahquioque Bank (1871) 81 U.S. 383, it appears that the defendant in error sued the First National Bank of Bethel, and the latter defended upon the ground that it could not be sued because it was under the control and in the possession of a duly appointed receiver, and, therefore, "incapable of self-defense, and entitled to the legal protection and guardianship thrown about it by the law." The court decided, however, that suits may be brought by the receiver, both at law and in equity, and he may sue in his own name or in the name of the association for his own use. It was held that payment of a judgment must wait distribution under the banking law. The Supreme Court held that the bank could be sued and the claim established without making the receiver a party. The action, however, was subsequent to a disallowance of the claim by the receiver.