Legal Opinion

Whitney v. First National Bank

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 2 opinions

Case for negligence in keeping certain United States bonds. Plea, the general issue, and trial by jury, April Term, 1876, Windham County, Ross, J., presiding. The case was first tried at the September Term, 1874, when a verdict was directed, pro forma, for the plaintiff, to which the defendant excepted, and the judgment was reversed by this court, and the cause remanded.

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Case for negligence in keeping certain United States bonds. Plea, the general issue, and trial by jury, April Term, 1876, Windham County, Ross, J., presiding. The case was first tried at the September Term, 1874, when a verdict was directed, pro forma, for the plaintiff, to which the defendant excepted, and the judgment was reversed by this court, and the cause remanded. The plaintiff testified that at some time in April, 1868, he carried United States seven-thirty treasury notes to the defendant bank, and asked Waite, the cashier, if he could exchange them for five-twenty bonds; that Waite…

1Opinion of the Court

The opinion of the court was delivered by

Dunton, J.

This case was before this court at the February Term, 1875, in Windham County, and was there heard with the case of Wiley v. The First National Bank of Brattleboro, 47 Vt. 546, the same questions being involved in both cases.

Upon the first trial in the County Court, a verdict was directed, pro forma, for the plaintiff, and the case came to this court upon the exceptions of the defendant. The proforma judgment of the County Court was reversed, and the case remanded. It now comes into this court again upon the exceptions of the plaintiff, the…

2Cases cited11 opinions

  1. Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
  2. Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
  3. Bank of Orange v. BrownNew York Supreme Court · 1829
  4. Weckler v. First National BankCourt of Appeals of Maryland · 1875
  5. Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860

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3Cited by2 opinions

  1. Movius v. LeeU.S. Circuit Court for the District of Northern New York · 1887
  2. First National Bank v. BrooksAppellate Court of Illinois · 1887

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