Meyer & Chapman State Bank v. First Nat. Bank of Cody
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Action by the Meyer & Chapman State Bank, a corporation, against the First National Bank of Cody, a corporation. At the conclusion of plaintiff’s case the court entered judgment in favor of defendant, dismissing the complaint, and plaintiff brings error.
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In Error to the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Action by the Meyer & Chapman State Bank, a corporation, against the First National Bank of Cody, a corporation. At the conclusion of plaintiff’s case the court entered judgment in favor of defendant, dismissing the complaint, and plaintiff brings error. “This was an action by the plaintiff, Meyer & Chapman State Bank, against the defendant, First National Bank of Cody, to recover 810,000 as for money loaned. It was tried to the court without a jury, pursuant to written stipulation. At Ihe…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). [1] It is first objected by defendant that this court cannot consider any question of fact, as there was no request by the plaintiff for findings of fact and a declaration of law in its favor as foundation for an exception. Such would be the rule under ordinary circumstances. Security National Bank v. Old National Bank, 241 Fed. 1, 154 C. C. A. 1; Felker v. First National Bank of Cincinnati, 196 Fed. 200, 116 C. C. A. 32. But upon the peculiar facts of this case we do not think the rule is applicable. The case was suddenly terminated on the court’s own…
2Cases cited2 opinions
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Felker v. First Nat. Bank of CincinnatiCourt of Appeals for the Eighth Circuit · 1912
3Cited by6 opinions
- Meyer & Chapman State Bank v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1923
- Chapman v. First National BankWyoming Supreme Court · 1919
- Northern Pac. Ry. Co. v. Standard Coal Co.Court of Appeals for the Eighth Circuit · 1927
- Meyers v. AllenCourt of Appeals for the Eighth Circuit · 1929
- Lyle v. Phillips Petroleum Co.Court of Appeals for the Eighth Circuit · 1934
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