Legal Opinion

Citizens' National Bank v. Bank of Commerce

Supreme Court of Kansas

Decided May 8, 1909No. 16,035PublishedCited by 8 opinions

Error from Neosho district court; James W. Finley, judge. STATEMENT. This action was commenced in the Neosho county district court by the Bank of Commerce to recover a balance due upon a promissory note which was executed by the other defendants in error. One of the defendants in the action, Edwin Erwin, was a non-resident of the state.

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Error from Neosho district court; James W. Finley, judge. STATEMENT. This action was commenced in the Neosho county district court by the Bank of Commerce to recover a balance due upon a promissory note which was executed by the other defendants in error. One of the defendants in the action, Edwin Erwin, was a non-resident of the state. The plaintiff caused an attachment to be issued against such defendant and had it levied upon his undivided interest in an oil-and-gas plant. The oil-and-gas plant was owned by several persons, who styled themselves the Chappie Oil Company, and were organized…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

The plaintiff in error insists that the transaction in which the certificates were deposited with Minturn, in trust for the secürity of the inter-pleading bank, amounted to a pledge of the certificates, and gave a right to them superior to any which could thereafter be acquired by an attachment issued in a .suit.against the pledgor.

The . Bank of Commerce claims that whatever right the Citizens’ bank may have acquired to the certificates, its right to the tangible property represented thereby was inferior to the lien acquired thereon by an…

2Cases cited2 opinions

  1. First Nat. Bank of Parkersburg v. HarknessWest Virginia Supreme Court · 1896
  2. Continental Nat. Bank v. Eliot Nat. BankU.S. Circuit Court for the District of Massachusetts · 1881

3Cited by8 opinions

  1. Walton v. Piqua State BankSupreme Court of Kansas · 1970
  2. Hall v. Kansas City Terra Cotta Co.Supreme Court of Kansas · 1916
  3. Jackman v. CommissionerUnited States Board of Tax Appeals · 1941
  4. Jones v. CoatesCourt of Appeals for the Eighth Circuit · 1912
  5. Bailey v. PierceSupreme Court of Kansas · 1927

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