First Nat. Bank v. State Nat. Bank
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana. Appellant and appellee were creditors of the firm of Mclntire & Middleton, bankrupts. In the proceedings in bankruptcy, appellant filed its claim upon overdrafts and notes against Mclntire & Middleton amounting to $18,378.21, principal.
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Appeal from the District Court of the United States for the District of Montana. Appellant and appellee were creditors of the firm of Mclntire & Middleton, bankrupts. In the proceedings in bankruptcy, appellant filed its claim upon overdrafts and notes against Mclntire & Middleton amounting to $18,378.21, principal. The referee allowed the claim, including the interest thereon, in the sum of $19,012.21. The appellee herein then moved the referee to expunge and disallow the claim of appellant upon the ground that they were liabilities of the Mclntire Mercantile Company incurred prior to the…
1Opinion of the CourtHawley, District Judge
(after making the foregoing statement). The questions involved in this case must be determined upon the conclusions which should be drawn from the testimony as to whether or not the partnership agreed to be entered into between Mclntire and Middleton was ever consummated by them in accordance with their agreement. Were the two notes referred to in the opinion renewal notes of the Mclntire Mercantile Company, and, if so, were they ever authorized or ratified by Middleton, so^ as to be valid notes against the partnership, if one existed? In short, did the court err in its findings as to the…
2Cases cited10 opinions
- Brobston v. PennimanSupreme Court of Georgia · 1895
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- McNair ex rel. White v. PlattIllinois Supreme Court · 1867
- Peoples Savings Bank v. Smith & Co.Supreme Court of Georgia · 1901
- Lanier v. McCabeSupreme Court of Florida · 1848
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3Cited by2 opinions
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- First Nat. Bank v. State Nat. BankCourt of Appeals for the Ninth Circuit · 1904