Russo-Chinese Bank v. National Bank of Commerce of Seattle
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve questions relating to a transaction between two banks, regarding drafts and documents annexed thereto, are stated in the opinion. The instruction that permission given Clarkson & Co. to take the flour constituted a payment of the draft is manifestly erroneous. The court in declaring that certain acts would constitute payment of the draft practically directed a special verdict.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve questions relating to a transaction between two banks, regarding drafts and documents annexed thereto, are stated in the opinion. The instruction that permission given Clarkson & Co. to take the flour constituted a payment of the draft is manifestly erroneous. The court in declaring that certain acts would constitute payment of the draft practically directed a special verdict. The trial court proceeded upon the assumption that there was a novation; and the pleadings do not count on a novation nor was…
1Opinion of the CourtJustice Hughes
The Russo-Chinese Bank brought this action to recover back money which it had paid to the National Bank of Commerce of Seattle. Judgment of non-suit was entered on the first trial and was reversed by the Circuit Court of Appeals. 187 Fed. Rep. 80. On the second trial, there was a verdict for the defendant and the judgment entered accordingly was affirmed. 206 Fed. Rep. 646. The case comes here on certiorari.
The facts are these: In December, 1903, the Centennial Mill Company, of Seattle, shipped by the steamship ‘Hyades’ of the ‘Puget Sound-Oriental Line’ 35,312 quarter sacks of flour to be…
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- National Bank v. City BankSupreme Court of the United States · 1881
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