Legal Opinion

Carlon v. First Nat. Bank

Oregon Supreme Court

Decided May 23, 1916PublishedCited by 14 opinions

From Douglas: James W. Hamilton, Judge. • In Bane. Statement by Mr. Justice McBride. . This is an action by William J. Carlon against the First National Bank of Rosebnrg, Oregon, a corporation, to recover the sum of $1,350, which the complainant claims as the balance of a deposit made by him in the defendant bank.

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From Douglas: James W. Hamilton, Judge. • In Bane. Statement by Mr. Justice McBride. . This is an action by William J. Carlon against the First National Bank of Rosebnrg, Oregon, a corporation, to recover the sum of $1,350, which the complainant claims as the balance of a deposit made by him in the defendant bank. The answer, after a general denial, sets up the following defenses: That plaintiff loaned T. R. Sheridan, the president of the bank, the sum of $1,500, and authorized him to withdraw that amount from his deposit in the defendant bank, and that, pursuant to said authority, the same…

1Opinion of the CourtJustice McBride

1-3. Unless there was some error committed by the court during the progress of the trial, we must assume after verdict that the testimony introduced by plaintiff is true, and this testimony presents the following state of facts: Plaintiff deposited his money in the *543bank, and Sheridan, the president and active manager of the bank, drew it ont without authority and converted it to his own use. The transaction not being satisfactory to the United States bank examiner, he addressed the letter quoted in the statement to plaintiff, whereupon plaintiff consulted Sheridan, who, by falsely…

2Cases cited4 opinions

  1. Kinney v. WhitonSupreme Court of Connecticut · 1877
  2. Ault v. Interstate Saving & Loan Ass'nWashington Supreme Court · 1896
  3. Chapman v. First Nat. BankOregon Supreme Court · 1914
  4. Howell v. JohnsonOregon Supreme Court · 1901

3Cited by14 opinions

  1. Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
  2. Verrell v. First Nat. BankOregon Supreme Court · 1916
  3. C. A. Babcock Co. v. KatzOregon Supreme Court · 1927
  4. Haines v. First Nat. BankOregon Supreme Court · 1918
  5. Bradford v. Western Oldsmobile, Inc.Oregon Supreme Court · 1960

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