Modern Woodmen of America v. Union Nat. Bank of Omaha
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. The Modern Woodmen of America, an Illinois corporation, and the plaintiff in error, sued the Union National Bank of Omaha, Nob., the defendant in error, for the sum of $27,269.33, the complaint containing two counts or causes of action.
Read the full summary
In Error to the Circuit Court of the United States for the District of Nebraska. The Modern Woodmen of America, an Illinois corporation, and the plaintiff in error, sued the Union National Bank of Omaha, Nob., the defendant in error, for the sum of $27,269.33, the complaint containing two counts or causes of action. The first count alleged, in substance, that on December 31, 1895, the plaintiff had on deposit with the defendant bank the sum of money last stated, which sum it had ever since refused to pay. The second count alleged, in substance: That on January 6, 1896, the defendant bank…
1DissentSanborn, Circuit Judge
I agree with the proposition of the majority that an action for damages for deceit could have been maintained by the plaintiff against the bank on its certificate of January 6, 1896, and the facts surrounding its presentation to the plaintiff. But that position leads inevitably to the conclusion that an action for the money which that certificate declares that the bank held on deposit for the plaintiff on December 31, 1895, could also be maintained. An estoppel is a prohibition from denying the existence of the facts and the legal consequences of the existence of the facts which one has…
2Cases cited16 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Cooper v. SchlesingerSupreme Court of the United States · 1884
11 more not listed; retrieve them via the Exa API.