Franklin v. Conrad-Stanford Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. On September 5, .1896, the First National Bank of Helena, Mont., sold and conveyed to the plaintiff in error (defendant below) a large amount of real estate, consisting of mining property, for the price of $74,900; in consideration whereof the defendant executed his promissory note as follows, and delivered the same to the payee thereof: “$74,900. Helena, Montana, September 5th, 1896. “On or before…
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In Error to the Circuit Court of the United States for the District of Utah. On September 5, .1896, the First National Bank of Helena, Mont., sold and conveyed to the plaintiff in error (defendant below) a large amount of real estate, consisting of mining property, for the price of $74,900; in consideration whereof the defendant executed his promissory note as follows, and delivered the same to the payee thereof: “$74,900. Helena, Montana, September 5th, 1896. “On or before thirty months after date, for value received, I promise to pay to George O. Freeman, trustee, the sum of Seventy four…
1Opinion of the CourtLochren, District Judge
1. It appears clearly and without question that the- entire consideration for defendant’s note for $74,900 was received by him from the First National Bank of Helena, of which bank George O. Freeman was the cashier; and, being made to Freeman as trustee, the note showed upon its face that he was not the beneficial owner. The note at its inception was therefore the property of that bank, which, as^ the real party in interest, could, under the Utah Code, maintain an action upon it without any indorsement or assignment by Freeman, and no such indorsement or assignment was needed to vest the…
2Cases cited14 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
- Rogers v. GosnellSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Young v. GarrettCourt of Appeals for the Eighth Circuit · 1945
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Salyers v. United States ex rel. Indiana Quarries Co.Court of Appeals for the Eighth Circuit · 1919
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912