Legal Opinion

Simpson v. First Nat. Bank

Court of Appeals for the Eighth Circuit

Decided March 22, 1904No. Nos. 1,828, 1,829PublishedCited by 26 opinions

Appeals from the Circuit Court of the United States for the District of Colorado. Simon M. Simpson exhibited his bill against the First National Bank of Denver to procure an accounting from it of the proceeds of certain personal property, which he averred that he had pledged to the bank to secure his indebtedness to it. The bank denied that a portion of the goods were pledged, and alleged that its cashier had bought and paid for them.

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Appeals from the Circuit Court of the United States for the District of Colorado. Simon M. Simpson exhibited his bill against the First National Bank of Denver to procure an accounting from it of the proceeds of certain personal property, which he averred that he had pledged to the bank to secure his indebtedness to it. The bank denied that a portion of the goods were pledged, and alleged that its cashier had bought and paid for them. A decree to that effect was rendered in the court below, and this suit was dismissed. Upon an appeal to this court that decree was reversed, and the case was…

1Opinion of the CourtSanborn, Circuit Judge

(after stating the facts as above). The first question which the record in this case presents is whether or not the assignments of error were filed in such time that the merits of the case may be reviewed in this court. On June 23, 1902, each of the parties to this suit prayed in open court for an appeal from the decree, and orders were made that the appeal of the defendant was allowed, “but upon the condition, nevertheless, that the respondent give bond on such an appeal in the sum of fifty thousand dollars ($50,000),” and that the appeal of the complainant was allowed, “but upon condition,…

2Cases cited23 opinions

  1. Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
  2. Gildersleeve v. . LandonNew York Court of Appeals · 1878
  3. City of Lincoln v. Sun Vapor Street-Light Co.Court of Appeals for the Eighth Circuit · 1894
  4. Draper v. DavisSupreme Court of the United States · 1880
  5. Walden v. SherburneNew York Supreme Court · 1818

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

3Cited by26 opinions

  1. Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
  2. Harmon v. SchmitzTexas Commission of Appeals · 1931
  3. Lookman v. LangCourt of Appeals for the Eighth Circuit · 1904
  4. Midland Terminal Ry. Co. v. WarinnerCourt of Appeals for the Eighth Circuit · 1923
  5. United States v. McDonaldDistrict Court, D. Minnesota · 1923

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

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