Town of Newbern v. National Bank of Barnesville
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action by the National Bank of Bamesville, Ohio, against the Town of Newbern and the Mayor and Aldermen of Newbern, Dyer County, Tennessee. There was a judgment for plaintiff, and defendants bring error.
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In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action by the National Bank of Bamesville, Ohio, against the Town of Newbern and the Mayor and Aldermen of Newbern, Dyer County, Tennessee. There was a judgment for plaintiff, and defendants bring error. The suit below was to recover judgment for interest alleged to have accrued on certain bonds of the town of Newbern, a municipal corporation located in Dyer county, Tenn. The town was empowered in 1907 to issue $50,-000 of• coupon bonds for municipal improvements, as follows:…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). We are called upon to determine which of two innocent parties shall suffer a material loss, and their rights must depend upon the application of principles which in effect may engender more serious losses than are presently involved; the performance of such a duty is, to say the least, perplexing; and this is emphasized by the fact that our conclusion is not in harmony with that reached by the Supreme Court of Tennessee concerning interest coupons similar to those in issue here. Weil v. Newbern, 126 Tenn. 223, 148 S. W. 680, L. R. A. 1915A, 1009, Ann. Cas.…
2Cases cited28 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
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3Cited by9 opinions
- City of Erlanger v. BerkemeyerCourt of Appeals for the Sixth Circuit · 1953
- Interstate Co. v. Bry-Block Mercantile Co.District Court, W.D. Tennessee · 1928
- Henderson County v. Sovereign Camp, W. O. W.Court of Appeals for the Sixth Circuit · 1926
- Capital City State Bank v. SwiftDistrict Court, E.D. Oklahoma · 1923
- Todd v. Citizens' Gas Co. of IndianapolisCourt of Appeals for the Seventh Circuit · 1931
4 more not listed; retrieve them via the Exa API.