Merchants' Bank v. State Bank
Supreme Court of the United States
Error to the Circuit Court for the District of Massachusetts, in a suit by the Merchants’ National Bank against the State National Bank, upon three checks of Mellon, Ward & Co., on the latter bank, marked “good” by its cashier, find given to the former bank; amounting, the three, to $600,000. The case, as developed by admitted facts and by the plaintiff’s evidence alone, was thus: Both banks were associations organized under the National Currency Act of 1864; the State Bank…
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Error to the Circuit Court for the District of Massachusetts, in a suit by the Merchants’ National Bank against the State National Bank, upon three checks of Mellon, Ward & Co., on the latter bank, marked “good” by its cashier, find given to the former bank; amounting, the three, to $600,000. The case, as developed by admitted facts and by the plaintiff’s evidence alone, was thus: Both banks were associations organized under the National Currency Act of 1864; the State Bank with a capital, as its articles of association seemed to show, of $1,800,000, capable of being increased. Under this…
1Opinion of the CourtJustice Swayne
This is a writ of error to the Circuit Court of the United States for the District of Massachusetts. The plaintiff in error was the plaintiff in the court below. It appears, by the bill of exceptions, that upon the evidence in behalf of the plaintiff being closed, the defendant’s counsel moved the court to instruct the jury that it was not sufficient to warrant them to find a verdict for the plaintiff upon either of the counts in the declaration. This instruction was given. The jury found for the defendant. The plaintiff’ excepted, and has brought that instruction here for review. This…
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