In re Smith
District Court, S.D. Ohio
In bankruptcy. On certificate of register allowing the claim of Jacob Witteman as a preferred debt. 'The facts found by the register were as follows: Charles A. Smith, the bankrupt, was a private banker in Lebanon, Warren county, Ohio, receiving deposits, loaning money and selling exchange: being styled “the Warren County Bank.”
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In bankruptcy. On certificate of register allowing the claim of Jacob Witteman as a preferred debt. 'The facts found by the register were as follows: Charles A. Smith, the bankrupt, was a private banker in Lebanon, Warren county, Ohio, receiving deposits, loaning money and selling exchange: being styled “the Warren County Bank.” On the 20th day of Decem"ber, 1872, he drew and sold to Witteman a ■draft or check, numbered seven thousand two hundred and forty-three, on the First National Bank of New York, for the sum of ■eight hundred and thirty-six dollars and sixty-one cents, having at the…
1Opinion of the Court
BROWN, District Judge.
We fully concur in the opinion of the register, that the instrument in question is a check and not a bill of exchange. It possesses the two peculiarities of the former, viz.: It is drawn upon a bank and is payable immediately upon presentment; and the fact that it is drawn by one bank upon another in a distant state does not deprive it of the character with which these features have stamped it. In re Brown [Case No. 1,985]; Roberts v. Cor-bin, 26 Iowa, 315. We entertain no doubt of the correctness of the proposition that in a case of this kind the assignee has no greater…
2Cases cited11 opinions
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Weston v. BarkerNew York Supreme Court · 1815
- Chapman v. . WhiteNew York Court of Appeals · 1852
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