Kimball v. Cleveland
Michigan Supreme Court
Error to Lenawee Circuit. It appeared from the bill of exceptions in this cause, that the action was commenced on a promissory note, dated September 19,1851, for the sum of $300, payable thirty days after date, to the order of William E. Kimball, at the Erie and Kalamazoo Railroad Bank, and signed by Samuel B. Kim-ball, and that this note was subsequently discounted by said Bank.
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Error to Lenawee Circuit. It appeared from the bill of exceptions in this cause, that the action was commenced on a promissory note, dated September 19,1851, for the sum of $300, payable thirty days after date, to the order of William E. Kimball, at the Erie and Kalamazoo Railroad Bank, and signed by Samuel B. Kim-ball, and that this note was subsequently discounted by said Bank. Prior to the maturity of the note, the Bank being indebted to Cleveland, the note in question, together with other paper held by the Bank, was, by the Cashier, or by one of the clerks, by the Cashier’s direction,…
1Opinion of the Court
By the Court,
Copeland, J.
The only question presented for our consideration in this case, is in regard to the charge of the Court that the Cashier was presumed, in the absence of proof to the contrary, to have the authority to turn out the notes and assets belonging to the Bank, in payment of its debts. We are of the opinion, that in this chame there is no error. That the transfer of the note *608by the Cashier was within the general scope of his powers and duties, and it could make no difference, whether the transfer was made by the Cashier personally, or by one of the clerks, by the Cashier’s…
2Cases cited1 opinion
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
3Cited by10 opinions
- Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
- Davenport v. StoneMichigan Supreme Court · 1895
- Smith v. LawsonWest Virginia Supreme Court · 1881
- State Savings Bank v. MontgomeryMichigan Supreme Court · 1901
- President of the Peninsular Bank v. HanmerMichigan Supreme Court · 1866
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