Legal Opinion

Allen v. St. Louis Bank

Supreme Court of the United States

Decided January 10, 1887No. 10PublishedCited by 54 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED. STATES EOR THE SOUTHERN DISTRICT OE IOWA. The original action was brought by the St. Louis National Bank against Augusta B. Allen and her'daughter on a promissory note for $3750, with interest at the rate of ten per cent, yearly, made by the defendants May 10, 1878, and payable December 20, 1878, to the order of J. H. Dowell & Co., and by them indorsed to the plaintiff.

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ERROR TO THE CIRCUIT COURT OE THE UNITED. STATES EOR THE SOUTHERN DISTRICT OE IOWA. The original action was brought by the St. Louis National Bank against Augusta B. Allen and her'daughter on a promissory note for $3750, with interest at the rate of ten per cent, yearly, made by the defendants May 10, 1878, and payable December 20, 1878, to the order of J. H. Dowell & Co., and by them indorsed to the plaintiff. The answer alleged that the plaintiff was bound to apply in payment of the note the proceeds of certain cotton pledged to the plaintiff by the payees; and set out the facts attending…

1Opinion of the CourtJustice Gray

When a jury is waived in writing, and the case tried by the court, the court’s finding of facts, whether general or special, has the sarhe effect as' the verdict of a jury; and although a bill of exceptions is the only way of presenting rulings made in the progress of the trial, the question whether the facts set forth in a special finding of the court,- which is equivalent to a special verdict, are sufficient in law to support " the judgment, may be reviewed on writ of error without any bill of exceptions. Act of March. 3, 1865, c. 86, § 4, 13 Stat. 501; Rev. Stat. §§ 649, 700; French v.…

2Cases cited25 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Shaw v. Railroad Co.Supreme Court of the United States · 1880
  3. Irwin v. WilliarSupreme Court of the United States · 1884
  4. Barnard v. KelloggSupreme Court of the United States · 1871
  5. Cathcart v. RobinsonSupreme Court of the United States · 1831

20 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
  3. Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
  4. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  5. Seeberger v. SchlesingerSupreme Court of the United States · 1894

49 more not listed; retrieve them via the Exa API.

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