Legal Opinion

National Bank of Commerce in Denver v. Allen

Court of Appeals for the Eighth Circuit

Decided October 31, 1898No. 1,037PublishedCited by 13 opinions

Appeal from the Circuit Court of the United States for the District of Colorado. • This was a creditors’ bill, which was exhibited by George A. Allen and others, the appellees, composing the firm of Paris, Allen & Go., against the National Bank of Commerce in Denver, the appellant, and against the A. K. Clarke Mercantile Company, hereafter termed the “Mercantile Company.’’ The bill was filed by Paris, Allen & Co., as judgment creditors of the Mercantile Company, for their…

Read the full summary

Appeal from the Circuit Court of the United States for the District of Colorado. • This was a creditors’ bill, which was exhibited by George A. Allen and others, the appellees, composing the firm of Paris, Allen & Go., against the National Bank of Commerce in Denver, the appellant, and against the A. K. Clarke Mercantile Company, hereafter termed the “Mercantile Company.’’ The bill was filed by Paris, Allen & Co., as judgment creditors of the Mercantile Company, for their own benefit, and for the benefit of such other judgment creditors of the Mercantile Company as might thereafter join in…

1Opinion of the CourtThayer, Circuit Judge

It is claimed in behalf of the appellees, who were the complainants below, that the Clarke Mercantile Company indorsed the individual notes of A. K. Clarke, which were at the time held and owned by the appellant, the National Bank of Commerce in Denver, without receiving any consideration therefor, and that tlie indorsements in question were for ihat reason ultra vires and void. On the assumption that the indorsements were without consideration, it seems to be further contended that, when the Mercantile Company discharged its liability to the bank on account of sucli indorsements by paying…

2Cases cited20 opinions

  1. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  2. Graham v. Railroad Co.Supreme Court of the United States · 1880
  3. Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
  4. Gibson v. ShufeldtSupreme Court of the United States · 1887
  5. Clay v. FieldSupreme Court of the United States · 1891

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
  2. Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
  3. Huff v. BidwellCourt of Appeals for the Fifth Circuit · 1907
  4. In re SamuelsohnDistrict Court, W.D. New York · 1909
  5. Tilles v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1940

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API