Drovers' & Mechanics' Nat. Bank of Baltimore v. First Nat. Bank of Sutton
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Action at law by the Drovers’ & Mechanics’ National Bank of Baltimore, Md., against the First National Bank of Sutton, W. Va., and P. E. Wagner, its receiver. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
On the first trial the District Judge, trying the case by consent without a jury, found in favor of the plaintiff. This court held that he should have found for the defendant. 244 Fed. 135, 156 C. C. A. 563. On the second trial the record of the testimony in the first trial was received by consent, and some additional testimony was offered. The District Court found in favor of *10the defendant, and the question now is whether the new evidence, taken in connection with that offered at the first trial, should change the conclusion reached by this court in its former judgment.…
2Cases cited11 opinions
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Auten v. United States Nat. Bank of NYSupreme Court of the United States · 1899
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Merchants' Bank of Valdosta v. BairdCourt of Appeals for the Eighth Circuit · 1908
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
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3Cited by21 opinions
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- Ackerman v. Globe-Democrat Publishing CompanySupreme Court of Missouri · 1963
- Pankey v. Hot Springs Nat. BankNew Mexico Supreme Court · 1941
- Dairy Co-Operative Ass'n v. Brandes CreameryOregon Supreme Court · 1934
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