Owens Bottle-Mach. Co. v. Kanawha Banking & Trust Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Action at law by the Owens Bottle-Machine Company against the Kanawha Banking & Trust Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
Plaintiff in error, plaintiff below, brought this action against defendant, Kanawha Banldng & Trust Company, to recover the sum of $6,692.85, with interest from March 9, 1918, which sum is alleged to have been deposited with defendant on that day as a special deposit for a specific purpose, but which defendant wrongfully diverted to another purpose, as will presently be explained. Besides denying that the deposit was special, defendant pleaded a set-off of $15,000, being the amount of a note of M. Rahbitt & Sons Company, made on or about September 21, 1917, which it…
2Cases cited5 opinions
- Ford v. WilliamsSupreme Court of the United States · 1858
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
- Exchange Bank v. ThrowerSupreme Court of Georgia · 1903
- Brown v. HenryMassachusetts Supreme Judicial Court · 1899
- Droste v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by13 opinions
- Rakestraw v. RodriguesCalifornia Supreme Court · 1972
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- Standard Acc. Ins. Co. v. SimpsonCourt of Appeals for the Fourth Circuit · 1933
- Ferro Concrete Const. Co. v. United StatesCourt of Appeals for the First Circuit · 1940
- Richmond Guano Co. v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Fourth Circuit · 1922
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