First National Bank of Chicago v. Reno County Bank

Foster, D. J.,

dissenting. 1 cannot concur with the circuit judge as to the law of this case. My views are fully presented *264in an opinion written on the former trial of the ease, and I need hut add a few lines more. It will be seen I then based my decision on the doctrine established by the supreme court in the case of Hoover, Assignee, v. Wise, 91 U. S. 308-13, and upon that case I now stand.

While it is true the facts in that case are not altogether similar to the facts here, yet that case did fairly present the question as to privity of action between the principal and an agent appointed by…