Wilson v. Coburn
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Wakeley, J. . On the facts stated in the petition plaintiff had a right to rescind the contract and reclaim the deposit as between himself and the bank. Where there is fraud, title to the deposit does not pass to the bank. (Knowles v. Lord, 4 Whart. [Pa.], 500; King v. Fitch, 1 Keys’[N. Y.], 444; Niohols v. Michael, 23 N. Y., 264.) Assignee is not a bona fide purchaser.
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Error to the district court for Douglas county. Tried below before Wakeley, J. . On the facts stated in the petition plaintiff had a right to rescind the contract and reclaim the deposit as between himself and the bank. Where there is fraud, title to the deposit does not pass to the bank. (Knowles v. Lord, 4 Whart. [Pa.], 500; King v. Fitch, 1 Keys’[N. Y.], 444; Niohols v. Michael, 23 N. Y., 264.) Assignee is not a bona fide purchaser. (Donaldson v. Farwell, 3 Otto [U. S.], 631; Housel v. Crerner, 13 Neb., 300.) Claimant must seek his remedy in county court and no other court has right to…
1Opinion of the CourtPost, J.
The plaintiff filed with the county judge of Douglas county a claim against the Bank of Omaha, which had previously made an assignment for the benefit of its creditors, to the defendant in error, sheriff of said county. From the claim or petition aforesaid it appears that there is due to plaintiff in error the sum of $107.53 and interest, being a balance deposited* in said bank prior to the assignment thereof. It is further alleged that said bank was insolvent at the time it received the deposit aforesaid, within the knowledge of all of its officers, and that the latter received said money…
2Cases cited4 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Brook v. ChappellWisconsin Supreme Court · 1874
- Hanchett v. WaterburyIllinois Supreme Court · 1885
- Atkinson v. . Rochester Printing Co.New York Court of Appeals · 1889
3Cited by18 opinions
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- Weimer v. AmenNebraska Supreme Court · 1990
- State v. Bank of CommerceNebraska Supreme Court · 1898
- Ellis v. NilsonNebraska Supreme Court · 1934
- Blake v. State Savings BankWashington Supreme Court · 1895
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