Monticello Bank v. Bostwick
Court of Appeals for the Eighth Circuit
In Error to (lie Circuit Court of tlie United Slates for the District of Nebraska. The Montieello Bank, the plaintiff in error, sued Challes B. Bosiwick and Moses C. Nixon, the defendants in error, who were partners in business under ihe linn name of Bosiwick it Nixon, charging, in substance, that said firm had sold to Ihe aforesaid bank a certain note for the sum of 83,690, dated June 13, 1892, and payable lo W. W. Bilger or order, which purported to be signed by Caleb…
Read the full summary
In Error to (lie Circuit Court of tlie United Slates for the District of Nebraska. The Montieello Bank, the plaintiff in error, sued Challes B. Bosiwick and Moses C. Nixon, the defendants in error, who were partners in business under ihe linn name of Bosiwick it Nixon, charging, in substance, that said firm had sold to Ihe aforesaid bank a certain note for the sum of 83,690, dated June 13, 1892, and payable lo W. W. Bilger or order, which purported to be signed by Caleb Hmith, ir1. M. Bilger, J. IÍ. Bonis, (Jooi’ge Hayward, Benjamin Piofer, Adolia E. Cosgrove, and J. M. Maliek; that to induce…
1Opinion of the CourtThayer, Circuit Judge
In view of the issues raised by the pleadings, and the theory on which the case was tried and determined by the circuit court, the crucial question of fact was whether the plaintiff bank, when it purchased the note in controversy, knew or understood that in selling the same the firm of Bostwick & Nixon was acting merely as a broker for W. W. Bilger, the payee, and that he was the real vendor of the note. The decision of the case appears to have hinged on the determination of that issue of fact (Bank v. Bostwick, 71 Fed. 641, 646), yet the jury failed to make a finding on that issue. They…
2Cases cited4 opinions
- Burr v. Des Moines R. & Nav. Co.Supreme Court of the United States · 1864
- Insurance Co. of North America v. International Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Citizens' Bank of Wichita v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- Monticello Bank v. BostwickU.S. Circuit Court for the District of Nebraska · 1896