Continental National Bank v. First National Bank
Mississippi Supreme Court
From tbe circuit court of Clay county. Hon. William F. Stevens., Judge. Tbe Continental National Bank of Memphis, 'Tenn., appellant, was plaintiff, and tbe First National Bank of West Point, Miss., was defendant in the court below. From a judgment in defendant’s favor tbe plaintiff appealed to tbe supreme court. Tbe facts are fully stated in the opinion of tbe court.
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From tbe circuit court of Clay county. Hon. William F. Stevens., Judge. Tbe Continental National Bank of Memphis, 'Tenn., appellant, was plaintiff, and tbe First National Bank of West Point, Miss., was defendant in the court below. From a judgment in defendant’s favor tbe plaintiff appealed to tbe supreme court. Tbe facts are fully stated in the opinion of tbe court. As said by Daniel, in bis work on Negotiable Instruments, sec. 1635: “Tbe question whether or not tbe bolder of a check may sue a bank bolding funds of tbe drawer, upon its refusal to pay, has divided the opinions of the courts…
1Opinion of the Court
Truly, L,
delivered the opinion of the court.
Appellant - was the owner of eleven checks, aggregating $1, 318.91, drawn prior to July 31, 1896, on appellee, by parties, all depositors with appellee, in amounts in excess of their checks. These checks were by appellant on said July 31st sent to the American National Bank of New Orleans, La., for collection and remittance, each check being indorsed, “Pay to the *108order of any State or National Bank.” The American National Bank at the date of'the receipt of these checks was, and for some months prior thereto had been, to the knowledge of its own…
2Cases cited4 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Anheuser-Busch Brewing Ass'n v. ClaytonCourt of Appeals for the Fifth Circuit · 1893
- American Exchange National Bank v. TheummlerIllinois Supreme Court · 1902
- Citizens' Bank v. Bank of GreenvilleMississippi Supreme Court · 1893
3Cited by3 opinions
- Martin v. Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1910
- United States Nat. Bank v. Amalgamated Sugar Co.U.S. Circuit Court for the District of Oregon · 1910
- First Nat. Bank v. BiancaMississippi Supreme Court · 1935