Legal Opinion

Flathead County State Bank v. First Nat. Bank of Caledonia

Court of Appeals for the Eighth Circuit

Decided August 18, 1922No. 5610PublishedCited by 1 opinion

In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Action by the Flathead County State Bank against the First National Bank of Caledonia. Judgment on a directed verdict for defendant, and plaintiff brings error.

1Opinion of the Court

COTTERAL, District Judge.

The Flathead County State Bank, of Poison, Mont., brought this action at law to recover of the First National Bank of Caledonia, Minn., the amount of a check for $10,000, drawn by A. O. Myhre upon the latter bank. The grounds of recovery, as stated in the petition, were that for a valuable and sufficient-consideration Myhre agreed to pay the plaintiff that sum, and in lieu of cash tendered the check, upon agreement that the plaintiff should hold it tentatively until it should telegraph the defendant to ascertain whether the defendant would accept and certify it, and…

2Cases cited3 opinions

  1. First National Bank v. Commercial Savings BankSupreme Court of Kansas · 1906
  2. North Atchison Bank v. GarretsonCourt of Appeals for the Eighth Circuit · 1892
  3. First Nat. Bank of Dunn v. First Nat. Bank of MassillonDistrict Court, N.D. Ohio · 1913

3Cited by1 opinion

  1. Trevisol v. Fresno Fruit Growers Co.Supreme Court of Iowa · 1923

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