Legal Opinion

Garrettson v. North Atchison Bank

U.S. Circuit Court for the District of Western Missouri

Decided November 2, 1891PublishedCited by 7 opinions

At Law. By stipulation of parties, a jury in this case was waived, and the trial of the cause submitted to the court on tho following agreed statement of facts: “(1) Defendant is a banking incorporation, as alleged. Plaintiffs are and have been partners, as alleged. “(2) Plaintiffs and defendant are citizens of different states, as alleged.

Read the full summary

At Law. By stipulation of parties, a jury in this case was waived, and the trial of the cause submitted to the court on tho following agreed statement of facts: “(1) Defendant is a banking incorporation, as alleged. Plaintiffs are and have been partners, as alleged. “(2) Plaintiffs and defendant are citizens of different states, as alleged. “(3) The Muscatine Cattle Company was a corporation, as alleged, and sold James Tate, a citizen of Missouri, cattle to the amount and of the value alleged. On September 28, 1888, said company was ready to deliver Tate one thousand head of cattle at Pueblo,…

1Opinion of the Court

Philips, J.,

(after stating the facts as above.) The question as to whether or not the correspondence between Streeter, the agent of the Muscatine Cattle Company, and the defendant bank, by means of telegrams, amounted in law to the certification of the check, was considered by this court on the demurrer to the petition. See 39 Fed. Rep. 163. The facts as now agreed upon confirm the conclusion reached. That *869such a contract may be as well consummated by telegram as by letter is well settled. Brinkman v. Hunter, 73 Mo. 179. The facts show that the check was drawn and offered in payment for the…

2Cases cited17 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  3. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  4. &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
  5. Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867

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

3Cited by7 opinions

  1. Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
  2. Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
  3. Bowen v. Needles Nat. BankU.S. Circuit Court for the District of Southern California · 1898
  4. Midwest National Bank & Trust Co. v. Niles & Watters Savings BankSupreme Court of Iowa · 1921
  5. Selma Savings Bank v. Webster County BankCourt of Appeals of Kentucky · 1918

2 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