Legal Opinion

McLaughlin v. First National Bank

Supreme Court Of The Territory Of Dakota

Decided October 10, 1889PublishedCited by 6 opinions

APPEAL from the district court, Lawrence county; Hon. Chas. M. Thomas, Judge. Action by Daniel McLaughlin and William R. Steele, substituted for Ambrose G-. Bierce, against the First National Bank of Deadwood, to recover the amount of a certain balance alleged to be due plaintiffs, as assignees of Bierce, on account of moneys deposited. Samuel Cushman, receiver of the plaintiffs’ assignor, the Black Hills Placer Mining Company, filed a complaint in intervention.

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APPEAL from the district court, Lawrence county; Hon. Chas. M. Thomas, Judge. Action by Daniel McLaughlin and William R. Steele, substituted for Ambrose G-. Bierce, against the First National Bank of Deadwood, to recover the amount of a certain balance alleged to be due plaintiffs, as assignees of Bierce, on account of moneys deposited. Samuel Cushman, receiver of the plaintiffs’ assignor, the Black Hills Placer Mining Company, filed a complaint in intervention. Yerdict for plaintiffs, and defendant and the intervenor appeal. The evidence clearly establishes that the former plaintiff, Bierce,…

1Opinion of the CourtSpencer, J.

In the complaint it is alleged that between July 10, 1880, and August 31st following, one Ambrose G. Bierce, the assignor of these plaintiffs, at the city of Deadwood, became a customer and depositor of said defendant; and that said defendant, between those days, received from the said Bierce, for his use and benefit, various sums of money, amounting in the aggregate to about the sum of $79,000, and gave him credit for the same upon its books, subject to the checks, drafts, and orders of said Bierce. That defendant paid upon the checks and orders of said Bierce all of the funds so deposited…

2Cases cited9 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
  3. Considerant v. . BrisbaneNew York Court of Appeals · 1860
  4. Bostwick v. . MenckNew York Court of Appeals · 1869
  5. Chapman v. . WhiteNew York Court of Appeals · 1852

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3Cited by6 opinions

  1. Lawson v. BakerCourt of Appeals of Texas · 1920
  2. Allibone v. AmesSouth Dakota Supreme Court · 1896
  3. Braithwaite v. AikinNorth Dakota Supreme Court · 1891
  4. Martin v. Minnekahta State BankSouth Dakota Supreme Court · 1895
  5. Roach v. McKeeNorth Dakota Supreme Court · 1936

1 more not listed; retrieve them via the Exa API.

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