Legal Opinion

Merchants' National Bank v. Cook

Supreme Court of the United States

Decided November 12, 1877No. 68PublishedCited by 31 opinions

Appeal from the Circuit Court of the United States for the Southern pistrict of Ohio. The facts are stated in the opinion of the court.

1Opinion of the CourtJustice Hunt

delivered the opinion of the'court.. This action is brought by the assignees of B. Homans, Jr., to recover from the Merchants’ Bank certain securities, or their value, received by the bank from. Homans. The securities are alleged to have'been received in violation of the thirty-fifth section of the Bankrupt Act- That Homans was insolvent when the.securities were delivered is not denied, but the bank insists that it had no reasonable cause to believe that such was his condition.

On the morning of. Aug. 25, 1869, the bank advanced to Homans, upon his check on. New York, the sum of $19,000, less…

2Cases cited1 opinion

  1. Toof v. MartinSupreme Court of the United States · 1871

3Cited by31 opinions

  1. Mitchell v. United StatesSupreme Court of the United States · 1941
  2. In re EggertCourt of Appeals for the Seventh Circuit · 1900
  3. State v. CadwellSupreme Court of Iowa · 1890
  4. In re McDonaldDistrict Court, D. South Carolina · 1910
  5. Dougherty v. First Nat. Bank of CantonCourt of Appeals for the Sixth Circuit · 1912

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