Farmers' & Merchants' Nat. Bank v. Smith
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This suit was brought by Edward A. Smith, now deceased, against the Farmers’ & Merchants’ National Bank of Fremont, Neb., the plaintiff in error, on March 25, 1893, in the circuit court of the United States for the district of Nebraska.
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In Error to the Circuit Court of the United States for the District of Nebraska. This suit was brought by Edward A. Smith, now deceased, against the Farmers’ & Merchants’ National Bank of Fremont, Neb., the plaintiff in error, on March 25, 1893, in the circuit court of the United States for the district of Nebraska. The plaintiff died on November 26, 1895, and thereupon the suit was revived in the name of Herbert I-C. Smith, his executor, who_ is the present defendant in error. The petition on which the ease was tried contained, in substance, the following allegations: That on July 2, 1SS8,…
1Opinion of the CourtThayer, Circuit Judge
A preliminary question 1ms been raised in tins case respecting the, construction which should be placed on the petition on which the ease was tried in the circuit court. It is insisted in behalf of (ho defendant: in error, who was the plaintiff below, that the averments of the petition are sufficient: to warrant a recovery either for money had and received or for damages on account of fraud and deceit practiced in the sale of the mortgage bond, or for damages for the breach of the written agreement alleged to have been made by the defendant, bank to guaranty the payment of the bond. It is not…
2Cases cited13 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- People's Bank v. National BankSupreme Court of the United States · 1880
- Western National Bank v. ArmstrongSupreme Court of the United States · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cooper v. HillCourt of Appeals for the Eighth Circuit · 1899
- Hanover Nat. Bank of New York v. First Nat. Bank of BurlingameCourt of Appeals for the Eighth Circuit · 1901
- Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- City National Bank of Fort Smith, Arkansas v. VanderboomDistrict Court, W.D. Arkansas · 1968
19 more not listed; retrieve them via the Exa API.