Exchange Nat. Bank v. Johnson
United States Circuit Court
At Law Motion for new trial. Suit upon a negotiable note made by the defendants to their factors, and paid to them by shipments of produce as agreed upon, but while the note was held by the plaintiff bank, by a transfer under circumstances stated in the opinion of the court.
1Opinion of the CourtH Ammon o, J.
The verdict in this case for the defendants is well supported by the proof upon at least one ground not at all affected by the objections taken on this motion for a new trial to the charge of the court. I do not see how the jury could escape finding that Ferry, Davis & Co. were the agents of the plaintiff bank for the collection of the note, be its ownership or interest whatever it may have been. The statement of the principal clerk and tho president, that they were not agents for collection, and were never authorized, is utterly worthless, being merely their opinions or conclusions upon that…
2Cases cited2 opinions
- Rowland v. CraigCourt of Appeals of Kentucky · 1804
- Carr v. . LewisNew York Court of Appeals · 1859
3Cited by2 opinions
- Union Bank & Trust Co. v. LynnMontana Supreme Court · 1925
- Dworsky v. Unger Furniture Co.Supreme Court of Minnesota · 1942