Legal Opinion

First National Bank v. Sherburne

Appellate Court of Illinois

Decided April 18, 1884PublishedCited by 6 opinions

Appeal from the Circuit Court of Bond county; the Hon. A. G. Henry, Judge, presiding.

1Opinion of the CourtBaker, J.

The power given to national banks as respects the matters here in issue, is “to carry on the business of banking by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of debt.” R. S. U. S., Sec. 5136. It is urged the transaction involved in this ease was a purchase by appellant of the note, that a national banlc has no power to make such purchase, and that the bank took no title thereto and can not recover thereon. The cases of Lazear v. Nat. Union Bank of Md., 52 Md. 78; F. & M. Bank v. Baldwin, 23 Minn. 198, and the First Nat. Bk. v. Pierson, 24…

2Cases cited7 opinions

  1. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  2. National Bank v. JohnsonSupreme Court of the United States · 1881
  3. Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
  4. Hodge's Ex'or v. First Nat. BankSupreme Court of Virginia · 1872
  5. Lazear v. National Union BankCourt of Appeals of Maryland · 1880

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3Cited by6 opinions

  1. Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
  2. Danforth v. National State Bank of ElizabethCourt of Appeals for the Third Circuit · 1891
  3. Morton Furniture Co. v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1934
  4. Clark v. Assets Realization Co.Appellate Court of Illinois · 1904
  5. Fox v. Asheville Army Store, Inc.Supreme Court of North Carolina · 1939

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