Scandinavian-American Bank v. United States Nat. Bank
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of North Dakota; Joseph W. Woodrough, Judge. Action by the United States National Bank of Portland, Or., a corporation, against the Scandinavian-American Bank of Fargo, N. D. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of North Dakota; Joseph W. Woodrough, Judge. Action by the United States National Bank of Portland, Or., a corporation, against the Scandinavian-American Bank of Fargo, N. D. Judgment for plaintiff, and defendant brings error. The United States National Bank of Portland, Oregon, defendant in error, brought an action against the Scandinavian-American Bank of Fargo, plaintiff in error, on a complaint containing two causes of action—the first for $2,450.18 on the common count, as for money had and received for the use and…
1Opinion of the CourtLewis, District Judge
[1] A comparison of the requested findings of fact by plaintiff in error with those made by the court, discloses that the former were, to a great extent, but a repetition of the substance of the latter, except as to matters which we deem immaterial to the issues; and that the requested conclusions of law which were attached to and followed them as claimed deductions, were grounds of asserted nonliability,—rescission, ratification and waiver when the storage arrangement was entered into, waiver and estoppel to claim the $2,450.18 of defendant, election of remedies by bringing the first action,…
2Cases cited7 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Dooley v. PeaseSupreme Court of the United States · 1901
- The E. A. Packer, ScullySupreme Court of the United States · 1891
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Tiernan v. Chicago Life Ins.Court of Appeals for the Eighth Circuit · 1914
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