United States v. Weitzel, 246 U.S. 533 (1918). · Go Syfert
United States v. Weitzel, 246 U.S. 533 (1918). Cases Citing This Book View Copy Cite
223 citation events (27 in the last 25 years) across 40 distinct courts.
Strongest positive: Montcrief v. Peripheral Vascular (ca5, 2025-03-28)
Treatment trajectory · 1919 → 2026 · click a year to view as-of
1919 1972 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Montcrief v. Peripheral Vascular
5th Cir. · 2025 · confidence medium
Cir. 2016) (one-time arbitrator under the Passenger Rail Investment and Improvement Act is an inferior officer); United States v. Weitzel, 246 U.S. 533, 541 (1918) (bank receiver). 25 Case: 24-50176 Document: 109-1 Page: 26 Date Filed: 03/28/2025 No. 24-50176 who violate the law.” TransUnion LLC v. Ramirez, 594 U.S. 413, 429 (2021).
cited Cited as authority (rule) Officers of the United States Within the Meaning of the Appointments Clause
OLC · 2007 · confidence medium
Mass. 1883) (Gray, Circuit Justice); United States v. Weitzel, 246 U.S. 533, 541 (1918).
discussed Cited as authority (rule) United States v. David H. Moore
D.C. Cir. · 1980 · confidence medium
United States v. Braverman, 373 U.S. 405, 408 , 83 S.Ct. 1370, 1372 , 10 L.Ed.2d 444, 447 (1963); United States v. Resnick, 299 U.S. 207, 209 , 57 S.Ct. 126, 127 , 81 L.Ed. 127, 129 (1936); United States v. Weitzel, 246 U.S. 533, 543 , 38 S.Ct. 381, 383 , 62 L.Ed. 872, 875 (1918). 118 .
discussed Cited as authority (rule) United States v. W. T. Rawleigh Co.
7th Cir. · 1959 · confidence medium
U.S. 278, 282, 15 S.Ct. 889 , 39 L.Ed. 982 United States v. Weitzel, 1918, 246 U.S. 533, 543 , 38 S.Ct. 381 , 62 L.Ed. 872 ; Yates v. United States, 1957, 354 U.S. 298, 304 , 77 S.Ct. 1064 , 1 L.Ed.2d 1356 .
cited Cited as authority (rule) Commissioner v. Ogden
1st Cir. · 1932 · confidence medium
“The receiver * * * is an officer, not of the corporation, but of tbe United States.” Brandeis, J., United States v. Weitzel, 246 U. S. 533 , at page 541, 38 S. Ct. 381, 382, 62 L.
examined Cited "see" United States v. Salvatore Giordano (3×)
2d Cir. · 1973 · signal: see · confidence high
See United States v. Weitzel, 246 U.S. 533 , 38 S.Ct. 381 , 62 L.Ed. 872 (1918); United States v. Tornabene, 222 F.2d 875, 877 (3 Cir. 1955).
examined Cited "see" Grindley v. First Nat. Bank-Detroit (3×)
6th Cir. · 1936 · signal: see · confidence high
See United States v. Weitzel, 246 U.S. 533, 541 , 38 S.Ct. 381 , 62 L.Ed. 872 ; Case v. Terrell, 11 Wall. 199 , 20 L.Ed. 134 ; Brown v. Schleier, 118 F. 981, 986 (C.C.A.8) ; O’Connor v. Rhodes, 65 App.D.C. 21 , 79 F.(2d) 146, 148 .
cited Cited "see" In re Informations under Migratory Bird Treaty Act
unknown court · 1922 · signal: see · confidence high
See U. S. v. Weitzel, 246 U. S. 543 , 38 Sup. Ct. 381, 62 L.
cited Cited "see, e.g." Pilkin v. Sony Interactive Entertainment LLC
D.D.C. · 2021 · signal: see also · confidence medium
Inst. 2006)); see also United States v. Weitzel, 246 U.S. 533, 542 (1918); Davey v. King, 595 A.2d 999, 1002 (D.C. 1991).
discussed Cited "see, e.g." FDS Restaurant v. All Plumbing Inc.
D.C. · 2020 · signal: see, e.g. · confidence medium
See, e.g., United States v. Weitzel, 246 U.S. 533, 542 (1918) (“[T]he term ‘agent’ is ordinarily used as implying appointment by a principal on whose behalf he acts.”) (emphasis added); Davey v. King, 595 A.2d 999, 1002 (D.C. 1991) (“The hallmark of an agency relationship is that the agent takes action on behalf of the principal and subjects himself to the orders of the principal.”) (emphasis added); Smith v. Jenkins, 452 A.2d 333, 335 (D.C. 1982) (“Generally an agency relationship results when one person authorizes another to 35 act on his behalf subject to his control, and the …
discussed Cited "see, e.g." Toro v. Malcolm
NY · 1978 · signal: see also · confidence medium
Unless plain and unequivocal language so requires, "a 'penalty cannot be raised by implication, but must be expressly created and imposed’ ” (Health Dept. of City of N. Y. v Knoll, 70 NY 530, 536 ; see, also, United States v Weitzel, 246 US 533, 543 [Brandéis, J.]; Verona Cent.
discussed Cited "see, e.g." Paxman v. Commissioner (2×)
unknown court · 1968 · signal: compare · confidence low
Compare United States v. Weitzel , 246 U.S. 533 , 543 ; Peoria & Pekin Union Ry.
examined Cited "see, e.g." Associated Telephone and Telegraph Co. v. United States (3×)
S.D.N.Y. · 1961 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U.S. 533, 543 , [ 38 S.Ct. 381 , 62 L.Ed. 872 ]; Peoria & Pekin Union Ry.
cited Cited "see, e.g." In re Taxes, Pacific Refiners, Ltd.
Haw. · 1957 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U. S. 533, 543 .
examined Cited "see, e.g." Cox v. Boston Consol. Gas Co. (3×)
D. Mass. · 1946 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U.S. 533, 543 , 38 S.Ct. 381 , 62 L.Ed. 872 .
discussed Cited "see, e.g." Pufahl v. Estate of Parks
SCOTUS · 1936 · signal: see also · confidence low
See also United States v. Weitzel, 246 U. S. 533, 541 . 6 McDonald v. Thompson, supra; McClaine v. Rankin, supra; Morgan v. Hamlet, 113 U. S. 449 . 7 Keyser v. Hitz, 133 U. S. 138 ; Christopher v. Norvell, supra. 8 Suydam v. Broadnax, 14 Pet. 67 ; Union Bank v. Vaiden, 18 How. 503 ; Hyde v. Stone, 20 How. 170 ; Lawrence v. Nelson, 143 U. S. 215 . 9 Yonley v. Lavender, 21 Wall. 276 ; Byers v. McAuley, 149 U. S. 608 ; Security Trust Co. v. Black River National Bank, 187 U. S. 211, 227 . 10 McDonald v. Thompson, supra; McClaine v. Rankin, supra. 11 Matteson v. Dent, supra; Forrest v. Jack, supra;…
cited Cited "see, e.g." Wallace v. Cutten
SCOTUS · 1936 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U. S. 533, 542-543 .
cited Cited "see, e.g." Iselin v. United States
SCOTUS · 1926 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U. S. 533, 543 ; Peoria & Pekin Union Ry.
cited Cited "see, e.g." Ebert v. Poston
SCOTUS · 1925 · signal: compare · confidence low
Compare United States v. Weitzel, 246 U. S. 533, 543 .
Retrieving the full opinion text from the archive…
United States
v.
Weitzel
567.
Supreme Court of the United States.
Apr 15, 1918.
246 U.S. 533
Mr. Assistant Attorney General Warren for the United States:, Mr. A. E. Stricklett, with whom Mr. Jackson H. Ralston was on the briefs, for defendant in error.
Brandeis.
Cited by 97 opinions  |  Published
Mr. Justice Brandeis

delivered the opinion of the court.

The Comptroller of the Currency is charged with the duty of supervising national banks. When he deems it necessary to take possession of the assets of a bank and assume control of its operations, he appoints a receiver under Rev. Stats., § 5234. Weitzel, so appointed receiver, was indicted in the District Court of the United States for the Eastern District of Kentucky under Rev. Stats., § 5209, for embezzlement and making false entries. That, section does not mention receivers, but provides that “every president, director, cashier, teller, clerk, or agent”[*541] of a national bank who commits these offences shall be punished by imprisonment for not less than five nor more than ten years. The Government contended that the receiver was an “agent” within the meaning of the act. A demurrer to the indictment was sustained on the ground that he is not. . The court discharged the prisoner and the case comes here under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246.

The receiver, unlike a president, director, cashier, or teller, is an officer, not of the corporation, but of the United States. In re Chetwood, 165 U. S. 443, 458. As such he gives to the United State's a bond for the faithful discharge of his duties; pays to the' Treasurer of the United States moneys collected; and makes to the Comptroller reports of his acts and proceedings. Rev. Stats., § 5234. Being an officer of the United-States he is represented-in court by the United States attorney for the district, subject to the supervision of the Solicitor of the Treasury, § 380. Gibson v. Peters, 150 U. S. 342. And because he is such officer, a receiver has been permitted to sue in the federal court regardless of citizenship or of the amount in controversy. Price v. Abbott, 17 Fed. Rep. 506. In a sense he acta on behalf of the bank. The appointment of a receiver does not dissolve the corporation, Chemical National Bank v. Hartford Deposit Co., 161 U. S. 1, 7; the assets remain its property, Rosenblatt v. Johnston, 104 U. S. 462; the receiver deals with the assets and protects them for whom it may concern, including the stockholders; and his own compensation and expenses are a charge upon them. § 5238. But a receiver is appointed only when the condition of the bank or its practices make intervention by the Government necessary for . the protection of noteholders or other creditors. [1] While the receivership continues the corporation is precluded from[*542] dealing by its officers or agents in any way with its assets. And when all creditors are satisfied or amply protected the receiver may be discharged by returning the bank to the , control of its stockholders or by the appointment of a liquidating agent under Act of June 30, 1876, c. 156, 19 Stat. 63. Whether, as the Government assumes, such statutory agent who is elected by the stockholders is included under term “agent” as used in § 5209, we have no occasion tp determine. The question was expressly left undecided in Jewett v. United States, 100 Fed. Rep. 832, 840. But. the assumption, if correct, would not greatly aid its contention. The law can conceive of an agent appointed by a superior authority; but the term “agent” is ordinarily used as implying appointment by a principal on whose behalf he acts. The fact that in this section the words “clerk, or agent” follow “president, director, cashier, teller” tends, under the. rule of noscitur a sociis, to confirm the inference. United States v. Salen, 235 U. S. 237, 249. Furthermore, the term “agent of á bank” would ill describe the office of receiver.

Section 5209 is substantially a reenactment of § 52 of the Act of February 25, 1863, c. 58, 12 Stat. 665, 680, the first National Bank Act. It is urged by the Government, that the punishment of defalcation by a receiver is clearly within the reason of the statute and that, unless the term “agent” be construed as including receivers, there vvas no federal statute under which an embezzling receiver of a national bank could have been prosecuted, at least until the Act of February 3, 1879, c. 42, 20 Stat. 280, made officers of the United States so liable therefor; and, indeed, cannot now be, because he should not be held to be an officer. . The argument is not persuasive. Congress may possibly have believed that a different rule should be applied to an officer of the United States who is selected by the Comptroller for a purpose largely different from that performed by officers of the bank, and who gives bond for the[*543] faithful discharge of his duties. - Furthermore a casus omissus is not unusual, particularly in legislation introducing a new system. [1] The fact that, in 1879 Congress^ should have found it necessary to enact a general law for the punishment of officers of the United States who embezzle property entrusted to them, but not owned by the United States, shows both how easily a casus omissus may arise and how long a time may elapse before the defect is discovered or is remedied. Statutes creating and defining crimes are not to be extended by intendment because the court thinks the legislature should have made them more comprehensive. Todd v. United States, 158 U. S. 278, 282. United States v. Harris, 177 U. S. 305.

The judgment of the District Court is

Affirmed.

1

See Rev. Stats., §§ 5234, 5141, 5151, 5191, 5201, 5205, 5208.

1

For example: 1. Extortion by government “qfficers”: Act of March 3, 1825, c. 65, § 12, 4 Stat. 118 (R. S., § 5481); United States v. Germaine, 99 U. S. 508; amended by Act of June 28, 1906, c. 3574, 34 Stat. 546, to include “clerk, agent, or employee,” and every person assuming to be such officer, etc. 2. Mailing obscene writings: Act of July 12, 1876, c. 186, 19 Stat. 90 (R. S., § 3893); United States v. Chase, 135 U. S. 255; amended by Act of Sept. 26, 1888, e. 1039, 25 Stat. 496, to include “letters,” Andrews v. United States, 162 U. S. 420. 3. Intimidating witness: Act of April 20, 1871, c. 22, § 2, 17 Stat. 13 (R. S., § 5406); Todd v. United States, 158 U. S. 278; amended by Criminal Code (1909), § 136, to include witnesses before a “United States commissioner or officer acting as such,” as well as witnesses before “courts.” 4. Introducing liquor into Indian country; Act of March 15, 1864, c. 33, 13 Stat. 29 (R. S., § 2139); Sarlls v. United States, 152 U. S. 570; amended by Act of July 23, 1892, c. 234 27 Stat. 260, to prohibit the introduction of “ale, beer, wine, or intoxicating liquor or liquors of whatever kind,” as well as “ardent .spirits.” 5. Perjury: Act of March 3, 1869, c. 130, 15 Stat. 326-(R. S., § 5211; see also R. S., §-5392); United States v. Curtis, 107 U. S. 671; amended by Act of Feb. 26, 1881, c. 82, 21 Stat. 352, to include, false swearing before a “notary public” or “any other officer” properly authorized by the State to administer oaths.