Citizen's Savings Bank v. Boswell
Court of Appeals of Kentucky
CASE 4. — ACTION BY C. W. BOSWELL AND ANOTHER AGAINST THE CITIZENS.’ SAVINGS BANK, ETC., TO RECOVER MONEY LOST IN STOCK GAMBLING.— Appeal from McCracken Circuit Court. W. M. Reed. Circuit Judge.
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CASE 4. — ACTION BY C. W. BOSWELL AND ANOTHER AGAINST THE CITIZENS.’ SAVINGS BANK, ETC., TO RECOVER MONEY LOST IN STOCK GAMBLING.— Appeal from McCracken Circuit Court. W. M. Reed. Circuit Judge. Judgment for plaintiffs, defendant bank appeals 1. It is well settled that the opinion of the Court of Appeals., rendered on a former appeal, is the law of the- case for all purposes. 2. Appellant was not required to examine the record after it had answered as garnishee. 3. The court erred in giving instruction “B” to the jury, because it gave undue prominence to portions of the testimony. AUTHORITIES…
1Opinion of the Court
Opinion op the Court by,¥m. Rogers Olay — Commissioner
Affirming.
Appellees, O. W. Boswell and Z. T. Long, sued the O’Dell Commission Company and others in the Graves circuit court, on June 10, 1903, for money lost in stock gambling, and on June 11, 1903, an attachment was served on appellant, commanding it to hold money in its hands belonging to the 0 ’Dell Commission Company. Appellant then had on deposit to the credit of the O’Dell Company the sum of $6,000, which amount it did not hold, but paid out on the same day on a check of. the O ’Dell Company drawn, through a Cincinnati bank.…
2Cases cited1 opinion
- Boswell v. Citizens Savings BankCourt of Appeals of Kentucky · 1906
3Cited by3 opinions
- R. & M. Tire Service Co. v. Deposit Guaranty Bank & Trust Co.Mississippi Supreme Court · 1935
- Hantman ex rel. Larson v. West Side Trust & Savings BankAppellate Court of Illinois · 1928
- Nebhut v. Fourth Nat. BankAlabama Court of Appeals · 1928