Legal Opinion

First Nat. Bank of Council Bluffs v. Moore

Court of Appeals for the Ninth Circuit

Decided May 1, 1905No. 1,148PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. The First National Bank of Council Bluffs, Iowa, the plaintiff in error herein, brought an action against the defendant in error to recover upon three promissory notes of date January 2, 1897, made by him to the Citizens’ State Bank of Council Bluffs, Iowa, two of said notes being for $2,500 each and one for $800. and all made due and payable six months after date.

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In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. The First National Bank of Council Bluffs, Iowa, the plaintiff in error herein, brought an action against the defendant in error to recover upon three promissory notes of date January 2, 1897, made by him to the Citizens’ State Bank of Council Bluffs, Iowa, two of said notes being for $2,500 each and one for $800. and all made due and payable six months after date. The complaint alleged that on January 2, 1902, the payee of the notes, by an instrument in writing, assigned and…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the case as above). In the view which we take of the law of this case, it becomes unnecessary to consider the question whether the written assignment of the notes was properly executed or was admissible in evidence. The complaint contained the allegation that the notes had been assigned and delivered to the plaintiff in error. The testimony showed that the notes in question were transferred and delivered by the Citizens’ State Bank to the plaintiff in error long before the written assignment was made. No objection was interposed to the admission of this testimony on any ground,…

2Cases cited22 opinions

  1. Jones v. WitterMassachusetts Supreme Judicial Court · 1816
  2. Martin v. MartinIllinois Supreme Court · 1898
  3. Beard v. DedolphWisconsin Supreme Court · 1871
  4. Conyngham v. SmithSupreme Court of Iowa · 1864
  5. Boeka v. NuellaSupreme Court of Missouri · 1859

17 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Simpson v. First Nat. BankOregon Supreme Court · 1919
  2. First National Bank v. McCulloughOregon Supreme Court · 1908
  3. Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
  4. Chicago, B. & Q. R. v. RichardsonCourt of Appeals for the Eighth Circuit · 1913
  5. Parr v. Fort Pierce Bank & Trust Co.Supreme Court of Florida · 1930

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