Bain v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Middle District of Tennessee; Edward T. Sanford, Judge. Arthur Bain was convicted of defrauding a national bank, and he brings error. Bain was a business man who, for a series of years, had dealings with a neighboring national bank.
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In Error to the District Court of the United States for the Middle District of Tennessee; Edward T. Sanford, Judge. Arthur Bain was convicted of defrauding a national bank, and he brings error. Bain was a business man who, for a series of years, had dealings with a neighboring national bank. When the bank failed, its cashier and manager claimed that ho had paid over large sums 1o Bain, by honoring checks and drafts which were not covered by any funds on deposit, and by paying cashier’s cheeks and certificates of deposit which had been issued to Bain without consideration. The cashier and Bain…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). 1. One of the grounds of a motion for new trial, overruled by the trial judge, was that the verdict was not supported by the evidence. As to this, the trial judge said:
“The verdict is sustained by material evidence, and is not manifestly against the weight of the evidence, so as to require or warrant its being get aside/’
While it is not claimed that we could or should review the discretion of the trial judge in passing upon the motion for new trial, it is urged that he misconceived his legal duty, and thus committed reversible error. This ground of error is…
2Cases cited10 opinions
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Wilson v. United StatesSupreme Court of the United States · 1893
- Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
- McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902
- Kelly v. United StatesCourt of Appeals for the Sixth Circuit · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- United States v. BucknerCourt of Appeals for the Second Circuit · 1940
- United States v. RobinsonDistrict Court, District of Columbia · 1947
- Lewis v. United StatesCourt of Appeals for the Ninth Circuit · 1930
17 more not listed; retrieve them via the Exa API.