Farmers' Nat. Bank v. Sutton Manuf'g Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action by the Farmers’ National Bank of Valparaiso, Ind., against the Sutton Manufacturing Company to recover on a bill of exchange accepted by the defendant. Judgment for defendant. Plaintiff brings error. Reversed.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action by the Farmers’ National Bank of Valparaiso, Ind., against the Sutton Manufacturing Company to recover on a bill of exchange accepted by the defendant. Judgment for defendant. Plaintiff brings error. Reversed. Statement by Taft, Circuit Judge: The action in the court below was in assumpsit by the Farmers’ National Bank of Valparaiso, Ind., as the indorsee of a bill of exchange against the Sutton Manufacturing Company of Detroit, Mich., as acceptor of the bill for the amount of the bill and…
1Opinion of the Court
Taft, Circuit Judge,
(after stating the facts.) This judgment must be reversed. We cannot agree that either of the grounds upon which the learned judge directed a verdict for the defendant was well taken.
• 1. The feature of the bill which in the opinion of the court below destroyed its negotiability was the stipulation to pay attorneys’ fees. It was said that this rendered the amount due uncertain, and that certainty in the amount due was an essential of negotiable paper.
The bill was drawn in Indiana and accepted in Michigan, to be discounted in Indiana, and to be paid in Michigan. In Tilden…
2Cases cited30 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Tilden v. BlairSupreme Court of the United States · 1875
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
25 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Burns Mortgage Co. v. FriedSupreme Court of the United States · 1934
- Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
- Hamilton v. FowlerCourt of Appeals for the Sixth Circuit · 1899
- Gannon v. BronstonCourt of Appeals of Kentucky (pre-1976) · 1932
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
18 more not listed; retrieve them via the Exa API.