Spurr v. United States
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee! Three indictments were found against the defendant, each of winch contained several counts, for violation of section 5208 of the Revised Statutes, by which it is provided: “It shall lie unlawful for any officer, clerk or agent of any national hanking association io certify any check drawn upon the association unless Ihe person or company drawing the check lias on deposit with the…
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In Error to the Circuit Court of the United States for the Middle District of Tennessee! Three indictments were found against the defendant, each of winch contained several counts, for violation of section 5208 of the Revised Statutes, by which it is provided: “It shall lie unlawful for any officer, clerk or agent of any national hanking association io certify any check drawn upon the association unless Ihe person or company drawing the check lias on deposit with the association, at the time such check is certified, an amount of money equal to the amount specified in such chock.” By section…
1Opinion of the CourtSwan, District Judge
(after stating the facts). The errors assigned and relied upon are 19 in number. Some of these present questions dependent upon the same principles as others, and will not be separately discussed.
The first assignment is predicated upon the following excerpt from the charge of the court, viz.:
“It was the defendant’s- duty, before certifying the checks, if he was not informed, to inform himself of the state of the account on -which they were drawn. From the existence of such a duty you may draw an inference of fact that he did so inform himself, if he did not already know it. But the…
2Cases cited28 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Simmons v. United StatesSupreme Court of the United States · 1891
- Agnew v. United StatesSupreme Court of the United States · 1897
- California Bank v. KennedySupreme Court of the United States · 1897
23 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- Kettenbach v. United StatesCourt of Appeals for the Ninth Circuit · 1913
- State v. O'NeilIdaho Supreme Court · 1913
- State v. CassillMontana Supreme Court · 1924
- Boone v. United StatesCourt of Appeals for the Eighth Circuit · 1919
18 more not listed; retrieve them via the Exa API.