Kennedy v. Otoe County National Bank
Nebraska Supreme Court
Error to tbe district court for Otoe county. Tried below before Pound, J., and a Jury. Yerdict for plaintiff there. Judgment. Motion for a new trial overruled. Cause brought up by defendant, Kennedy, upon petition in error. The facts of the case are sufficiently stated in the opinion. 1. The president of a national bank is its chief ex-' ecutive officer, and has a general supervision of its affairs — notice to him will be notice to the bank.
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Error to tbe district court for Otoe county. Tried below before Pound, J., and a Jury. Yerdict for plaintiff there. Judgment. Motion for a new trial overruled. Cause brought up by defendant, Kennedy, upon petition in error. The facts of the case are sufficiently stated in the opinion. 1. The president of a national bank is its chief ex-' ecutive officer, and has a general supervision of its affairs — notice to him will be notice to the bank. MgCann v. State, 4 Neb., 324, and cases there cited. The same is true of a stockholder (who is a party to the transaction) of an incorporated banking…
1Opinion of the CourtMaxwell, J.
In the year 1875, an action was commenced in the district court of Otoe county against the plaintiff in error and O. H. Irish, to recover the sum of $2,000 and interest, upon a promissory note, of which the following is a copy:
*63“ $2,000. Nebraska City, June 23d, 1873.
“ On demand, I promise to pay to O. H. Irish, or order, two thousand dollars, at the Otoe county National Bank, with interest at the rate of 12 per cent per annum, for value received. “ EL Kennedy.”
On the back of the note were several endorsements of payments of interest. The note on the day after its date was transferred to the…
2Cases cited1 opinion
- Merchants' Bank v. RudolfNebraska Supreme Court · 1877
3Cited by12 opinions
- Security Savings Bank v. RhodesNebraska Supreme Court · 1921
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Sherman Center Town Co. v. MorrisSupreme Court of Kansas · 1890
- National Bank of Cleburne v. CarperCourt of Appeals of Texas · 1902
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
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