Old National Bank of Waupaca v. Peoples Bank of Harrisville
West Virginia Supreme Court
Error to Circuit Court, Ritchie Comity. Action by the Old National Bank of Waupaca against the People’s Bank of Harrisville. Directed verdict for defendant, and judgment of nil capiat, and plaintiff brings error.
1Opinion of the Court
Ritz, President:
The plaintiff brought this suit for the purpose of recovering the amount of a draft drawn by Leonard, Crossett & Riley upon R. C. Marshall, to which was attached a bill of lading for a carload of potatoes, which draft had been endorsed, together with the bill of lading, to the plaintiff, and by it sent to the defendant for collection. A trial in the court below resulted in a directed verdict in favor of the. defendant, and a judgment of nil capiat thereon, to review which this writ of error is prosecuted.
The facts out of which this controversy grew are that on the 4th day of…
2Cases cited7 opinions
- Neill & Ellingham v. Rogers Bros. Produce Co.West Virginia Supreme Court · 1895
- Bank v. CummingsTennessee Supreme Court · 1891
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Hobbs v. Chicago Packing & Provision Co.Supreme Court of Georgia · 1896
- Central Mercantile Co. v. Oklahoma State BankSupreme Court of Kansas · 1910
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3Cited by2 opinions
- Chase National Bank v. Spokane CountyWashington Supreme Court · 1923
- Abilene Storage Co. v. Eugene Fruit Growers' Ass'nCourt of Appeals of Texas · 1943