Levi v. National Bank of Missouri
U.S. Circuit Court for the District of Eastern Missouri
This is a suit in equity, wherein the plaintiffs seek to recover from the defendant a certain sum of money which they allege the receiver of the defendant — the National Bank of the State of Missouri — has in his possession, which is the proceeds of a certain draft drawn by August Taussig on the firm of Taussig Brothers & Co., St. Louis, for $10,000, which said plaintiffs forwarded to the defendant on the 18th day of June, 1877, “for collection and credit.”
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This is a suit in equity, wherein the plaintiffs seek to recover from the defendant a certain sum of money which they allege the receiver of the defendant — the National Bank of the State of Missouri — has in his possession, which is the proceeds of a certain draft drawn by August Taussig on the firm of Taussig Brothers & Co., St. Louis, for $10,000, which said plaintiffs forwarded to the defendant on the 18th day of June, 1877, “for collection and credit.” This sum of money the plaintiffs claim on the ground that the said bank did not collect it until after its suspension, on the 19th day of…
1Opinion of the Court
DILLON, Circuit Judge.
It is only necessary to decide the first of the above questions, although counsel have discussed both of them with great fulness, and referred to numerous cases. While these cases have been considered, I do not feel called on to examine them at length in this opinion, for, in my judgment, on the facts here presented, the principles of law decisive of the case are clear and well settled.
In respect of the Taussig draft, out of which the controversy arises, the defendant bank was the collecting agent of plaintiffs. This is manifest from the relations of the two banks to…
2Cited by16 opinions
- In re State BankSupreme Court of Minnesota · 1894
- Midland National Bank of Kansas City v. BrightwellSupreme Court of Missouri · 1899
- Richardson v. New Orleans Coffee Co.Court of Appeals for the Fifth Circuit · 1900
- Armour Packing Co. v. DavisSupreme Court of North Carolina · 1896
- Guignon v. First National BankMontana Supreme Court · 1899
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