Durkee v. National Bank of Florida
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This action was brought by Joseph H. Durlcoe, as receiver of the Jacksonville, Tampa & Key West Railway, against the National Bank of the State of Florida, to recover $28,059.37. The declaration contained three counts.
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In Error to the Circuit Court of the United States for the Southern District of Florida. This action was brought by Joseph H. Durlcoe, as receiver of the Jacksonville, Tampa & Key West Railway, against the National Bank of the State of Florida, to recover $28,059.37. The declaration contained three counts. It was alleged in each count that Robert B. Cable had been first appointed receiver; that the order appointing him had been vacated, and Mason Young appointed; that Young, as such receiver, had deposited with the defendant bank the moneys sued for; that Young had been discharged as…
1Opinion of the CourtShelby, Circuit Judge
The defendant bank held the three notes of Mason Young, receiver of the Jacksonville, Tampa & Key West Railway Company, for $12,-(>66.67 each, dated August 10, 1892, and due, respectively, at three, four, and five months after date. These notes were given for money advanced by the bank. This 'money was placed with other money to Young’s credit as receiver. When the notes became due the bank charged them to Young’s account. In other words, it used the funds on deposit to pay these notes. It required all the funds that were to Young’s credit to pay his notes. The controlling question in this…
2Cases cited4 opinions
- Scammon v. KimballSupreme Court of the United States · 1876
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Schuler v. Laclede BankU.S. Circuit Court for the District of Eastern Missouri · 1886
3Cited by14 opinions
- Krinsky v. Pilgrim Trust Co.Massachusetts Supreme Judicial Court · 1958
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- American Bank & Trust Co. v. MorrisCourt of Appeals for the Fifth Circuit · 1927
- Stockyards National Bank v. B. Harris Wool Co.Supreme Court of Missouri · 1926
- Bellevue State Bank v. Hailey National BankIdaho Supreme Court · 1923
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