Western German Bank v. Norvell
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Florida. This is a suit in equity by the Western German Bank, a corporation under the laws of the state of Ohio, against the First National Bank of Florida, a corporation under the laws of the United States, having its place of business in Jacksonville, Fla., and Joseph W. Norvell, receiver of the latter bank.
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Appeal from the Circuit Court of the United States for the Southern District of Florida. This is a suit in equity by the Western German Bank, a corporation under the laws of the state of Ohio, against the First National Bank of Florida, a corporation under the laws of the United States, having its place of business in Jacksonville, Fla., and Joseph W. Norvell, receiver of the latter bank. The demurrer having been sustained to the original bill, the complainant amended the bill, and a demurrer was interposed to the amended bill, which the court sustained. The complainant having declined to…
1Opinion of the CourtSherby, Circuit Judge
*7261. It is alleged in the bill that the defendant bank was insolvent whén it received the draft for collection, and when it collected it, and when it remitted the New York exchange. The New York exchange is dated March 13, 1903, and on the next day the defendant bank and its assets were in the hands of a receiver appointed by the Comptroller. Its insolvent condition was known to the officers of the bank, and they wrongfully neglected to disclose the fact to the complainant. On the-facts averred in the bill, it was a fraud on the part of the defendant bank for it to receive the draft for…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Richardson v. New Orleans Debenture Redemption Co.Court of Appeals for the Fifth Circuit · 1900
- Richardson v. New Orleans Coffee Co.Court of Appeals for the Fifth Circuit · 1900
- St. Louis & S. F. Ry. Co. v. JohnstonU.S. Circuit Court for the District of Southern New York · 1886
3Cited by20 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- Steele v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
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