Bank of the United States v. Goddard
U.S. Circuit Court for the District of Massachusetts
At law. Assumpsit by the plaintiffs [the president, directors, and company of the Bank of the United States] as indorsers of a note, signed by one J. K. Pickering, and indorsed by the defendant [Samuel Goddard] dated at Portsmouth (N. H.), on the 1st of January, 1829, for the sum of 1.005 dollars, payable to the defendant or order, at the United States Branch Bank in Boston, in sixty days and grace. Plea, the general issue.
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At law. Assumpsit by the plaintiffs [the president, directors, and company of the Bank of the United States] as indorsers of a note, signed by one J. K. Pickering, and indorsed by the defendant [Samuel Goddard] dated at Portsmouth (N. H.), on the 1st of January, 1829, for the sum of 1.005 dollars, payable to the defendant or order, at the United States Branch Bank in Boston, in sixty days and grace. Plea, the general issue. At the trial the material facts were as follows: In the winter of 1828-9, John K. Pickering, of Portsmouth, being deeply insolvent, owed the United States Branch Bank at…
1Opinion of the Court
STORY, Circuit Justice.
I lay out of the case all consideration of the fact, that the note belonged to the Branch Bank at Portsmouth, and was remitted to the Branch Bank at Boston for collection, both these branches being but the agents of the Bank of the United States, the real holder- of the note. In the first place, it is admitted, that the known course of business in each of the branches is, in respect to all notes transmitted from another branch, to deal with them in the same manner as if transmitted by a stranger bank, and to return their notes back, upon their dishonour, to the branch,…
2Cases cited4 opinions
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Stanton v. BlossomMassachusetts Supreme Judicial Court · 1817
- Stafford v. YatesNew York Supreme Court · 1820
- Tunno & Cox v. LagueNew York Supreme Court · 1800
3Cited by10 opinions
- Sokoloff v. National City BankNew York Supreme Court · 1927
- Pan-American Bank & Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1925
- Crocker v. GetchellSupreme Judicial Court of Maine · 1844
- Tunno & Cox v. LagueNew York Supreme Court · 1800
- First National Bank of Lynn v. SmithMassachusetts Supreme Judicial Court · 1882
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