Williams v. American Nat. Bank of Arkansas City
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. The plaintiff in error, a citizen of the state of Texas, brought an action against the American National Bank of Arkansas City, Kan., and the receiver thereof, to recover the sum of $28,250, alleged to be owing to her by said bank on contract.
Read the full summary
In Error to the Circuit Court of the United States for the District of Kansas. The plaintiff in error, a citizen of the state of Texas, brought an action against the American National Bank of Arkansas City, Kan., and the receiver thereof, to recover the sum of $28,250, alleged to be owing to her by said bank on contract. The petition alleges that on the 15th day of April, 1890, the defendant bank, through its president and cashier,, entered into a verbal contract with her by which she loaned the bank the sum of $28,250 on the promise of the bank to pay her interest at the rate of 12 per cent,…
1Opinion of the CourtPhilips, District Judge
It must be assumed from the argument of counsel that the circuit court regarded the certificate of stock issued to the plaintiff in the *378nature of a written contract between the parties, the terms of which could not be varied, nor the legal effect thereof avoided, by parol testimony; and that plaintiff was estopped from controverting its apparent character as establishing her status as a stockholder in the bank. On no other theory is it apparent why the learned judge who heard this case directed the verdict for defendant. Evidence tending to show that a deed absolute on its face, or an…
2Cases cited6 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Keyser v. HitzSupreme Court of the United States · 1890
- McMahon v. . MacYNew York Court of Appeals · 1872
- Shaw v. WilshireSupreme Judicial Court of Maine · 1876
- Grant v. FrostSupreme Judicial Court of Maine · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- American Nat. Bank of Arkansas City v. WilliamsCourt of Appeals for the Eighth Circuit · 1900
- Citizens Union Nat. Bank v. PhelpsCourt of Appeals for the Sixth Circuit · 1938
- In re Noyes Bros.District Court, D. Massachusetts · 1905