Legal Opinion

Smith v. First Nat. Bank of Casselton

Court of Appeals for the Eighth Circuit

Decided September 27, 1920No. 5561PublishedCited by 8 opinions

In Error to the District Court of the United States for the District of North Dakota; Charles P. Amidon, Judge. Action by Frank M. Smith against the First National Bank of Cas-selton, N. D. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

STONE, Circuit Judge.

Error by plaintiff below from adverse judgment in suit for deceit. Smith was a money lender living in the state of New York. The bank was a national bank located in the town of Casselton, N. D. The amended petition alleges that the bank, through its president, R. C. Kittel, represented to Smith that it had a note for $30,000 secured by a mortgage on North Dakota land, and that it offered this loan to him for sale at a discount of $1,500; that he relied upon the above representations and purchased the loan, paying therefor $28,695.15; that the bank, through Kittel,…

2Cited by8 opinions

  1. McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
  2. Wasmann v. City Nat. Bank of KnoxvilleCourt of Appeals for the Sixth Circuit · 1931
  3. Caldwell v. First National Bank of LakefieldSupreme Court of Minnesota · 1925
  4. Citizens Nat. Bank v. PigfordMississippi Supreme Court · 1936
  5. Brandenburg v. First National BankNorth Dakota Supreme Court · 1921

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