Legal Opinion

First Nat. Bank of Sweetwater v. Rust

Court of Appeals for the Fifth Circuit

Decided March 15, 1919No. 3300PublishedCited by 6 opinions

In Error to the District Court of the United States for the Northern District of Texas; Robert T, Ervin, Judge. Action by Anna Rust and husband against the First National Bank of Sweetwater, Tex. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

GRUBB, District Judge.

The defendant in error Anna Rust brought suit in the District Court on three certificates of deposit, each for $2,000, purporting to have been issued by the plaintiff in error. The certificates were issued July 5, 1915, and were to mature 11 months after date, with 6 per cent, interest. At their maturity the interest was paid, and the certificates were extended for one jrear from their maturity. Upon presentation for payment, the plaintiff in error denied liability and refused payment, and this suit on them was instituted.

[1] The evidence developed that J. V. W. Holmes…

2Cases cited15 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
  3. Packet Co. v. CloughSupreme Court of the United States · 1874
  4. West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
  5. Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862

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3Cited by6 opinions

  1. Fine v. Harney County National BankOregon Supreme Court · 1945
  2. Schwenker v. ParryWisconsin Supreme Court · 1931
  3. State Bank v. BacheNew York Supreme Court · 1937
  4. Wenzlaff v. Tripp State BankSouth Dakota Supreme Court · 1926
  5. Harris v. LeslieCourt of Appeals for the Tenth Circuit · 1935

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