Felker v. First Nat. Bank of Cincinnati
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Arkansas. Action by the First National Bank of Cincinnati, Ohio, against W. R. Eelker, doing- business under the name and style of Bank of Rogers. Judgment for plaintiff (185 Fed. 678), and defendant brings error.
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In Error to the Circuit Court of the United States for the Western District of Arkansas. Action by the First National Bank of Cincinnati, Ohio, against W. R. Eelker, doing- business under the name and style of Bank of Rogers. Judgment for plaintiff (185 Fed. 678), and defendant brings error. The First National Bank of Cincinnati acquired from the United States Can Company, a corporation doing business in Cincinnati, several negotiable drafts drawn by the latter at sight upon the Rogers Canning Company for the purchase price of merchandise sold by the drawer to the drawee. To these drafts were…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). [†, 2] The assignment of errors first challenges the ruling adverse to the-defendant upon an offer to prove the alleged breach of warranty or false representation in the sale of the merchandise by the United States Can Company to Rogers Canning Company. There having been no proof that plaintiff bank was acting in the matter of collecting the drafts as agent for the drawer or in any capacity other than that of bona fide owner, there was no error in that ruling. *202Even if there was, no exception appears to have been saved by. the defendant to the adverse ruling…
2Cases cited5 opinions
- Dooley v. PeaseSupreme Court of the United States · 1901
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Ward v. JoslinSupreme Court of the United States · 1902
- York v. WashburnCourt of Appeals for the Eighth Circuit · 1904
- Bell v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1912
3Cited by15 opinions
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Pennsylvania Casualty Co. v. WhitewayCourt of Appeals for the Ninth Circuit · 1914
- Pennok Oil Co. v. Roxana Petroleum Co.Court of Appeals for the Eighth Circuit · 1923
- Philadelphia Casualty Co. v. FechheimerCourt of Appeals for the Sixth Circuit · 1915
- Mayes v. Paul Jones & Co.Court of Appeals for the Sixth Circuit · 1921
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