National Bank of Commerce of Tacoma v. Tacoma Mill Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action by the Tacoma Mill Company against the National Bank of Commerce of Tacoma, Washington. Judgment for plaintiff, and defendant brings error. The plaintiff in error was the defendant below, and the Tacoma Mill Company the plaintiff.
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In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action by the Tacoma Mill Company against the National Bank of Commerce of Tacoma, Washington. Judgment for plaintiff, and defendant brings error. The plaintiff in error was the defendant below, and the Tacoma Mill Company the plaintiff. The action was instituted to recover moneys alleged to have been wrongfully paid to one F. Pinkham upon certain cheeks and drafts of which the mill company was the owner. The mill company had for a long time deposited its moneys, checks, and…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). While this is ostensibly an action to recover for cash items alleged to have been wrongfully paid by the bank to an agent of the plaintiff unauthorized to receive the same, yet it involves an account between the bank and the plaintiff, wherein, by the theory of plaintiff, the items should have been included by placing them to the credit of plaintiff instead of paying them out as was done. The defendant, after putting in issue the alleged want of authority of the agent to receive such cash payments, answers in effect that, by reason of the giving out of the…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Dana v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1882
- Myers v. Southwestern National BankSupreme Court of Pennsylvania · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- First Nat. Bank of Philadelphia v. FarrellCourt of Appeals for the Third Circuit · 1921
- Aramony v. United Way of AmericaDistrict Court, S.D. New York · 1998
- Cheney v. Bank of BremenCourt of Appeals of Georgia · 1920
- Crab v. Citizens' State BankIdaho Supreme Court · 1912
- Farrell v. First Nat. BankDistrict Court, E.D. Pennsylvania · 1920
6 more not listed; retrieve them via the Exa API.