Legal Opinion

Hilliard v. Lyons

Court of Appeals for the Third Circuit

Decided August 19, 1910PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Western District of Pennsylvania. Action by Robert Eyons, receiver of the Allegheny National Bank, against Roberta T. Hilliard. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

ARCHBALD, District Judge.

This action is brought by the receiver of the Allegheny National Bank on a promissory note for $10,-000, executed by the defendant to the order of the bank and discounted by it. The defense set up is the want of consideration. The Contention is that the defendant signed the note at the instance of William Montgomery, the cashier of the bank, upon the understanding that he was to invest the proceeds for her, which he failed to do, in consequence of which she got no benefit from it, and therefore is not liable, the bank being affected by the participation of the cashier…

2Cases cited4 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
  3. Terrell v. Branch Bank at MobileSupreme Court of Alabama · 1847
  4. Lilly v. Hamilton Bank of New YorkCourt of Appeals for the Third Circuit · 1909

3Cited by11 opinions

  1. Knobley Mountain Orchard Co. v. Peoples Bank of KeyserWest Virginia Supreme Court · 1925
  2. Schneider v. ThompsonCourt of Appeals for the Eighth Circuit · 1932
  3. Bartlett v. McCallisterSupreme Court of Missouri · 1926
  4. Goree v. Uvalde Nat. BankCourt of Appeals of Texas · 1920
  5. Case v. CommissionerUnited States Board of Tax Appeals · 1938

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