Skud v. Tillinghast
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Michigan. Action by Philip Tillinghast, receiver of the First National Bank of Ironwood, Mich., against Herman Skud. There was a judgment for plaintiff, and defendant brings error. The judgment in this case was entered upon a directed verdict, the direction having been given at the close of all the evidence, and the failure to submit the case to the jury is distinctly assigned as error.
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In Error to the Circuit Court of the United States for the Western District of Michigan. Action by Philip Tillinghast, receiver of the First National Bank of Ironwood, Mich., against Herman Skud. There was a judgment for plaintiff, and defendant brings error. The judgment in this case was entered upon a directed verdict, the direction having been given at the close of all the evidence, and the failure to submit the case to the jury is distinctly assigned as error. The basis of the suit is a promissory note. The form of the note as contained in the notice given under the money counts of the…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The record requires us to consider the proposition, in substance urged on behalf of the receiver, that the action can be ‘sustained on the promissory note in its present form, without reference alike to the receiver’s inability to produce the abstracted securities and his refusal to account for any portion of their value upon payment of either the note or judgment, and also without recognizing the defense of alleged wrongful conversion of the pledged securities and the resulting damages.
[ 1 ] It must be conceded that, as a general rule, as between a pledgor…
2Cases cited40 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Casey v. CavarocSupreme Court of the United States · 1878
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
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3Cited by20 opinions
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Kean v. National City BankCourt of Appeals for the Sixth Circuit · 1923
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
- Fiman v. State of South DakotaCourt of Appeals for the Eighth Circuit · 1928
- Dibert v. WernickeCourt of Appeals for the Sixth Circuit · 1914
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