United States v. National Bank of Commerce of Seattle
Court of Appeals for the Ninth Circuit
In Error to District Court of the United States for the Northern Division of the Western District of Washington; C. H. Hanford, Judge. Action , by the United States against the National Bank of Commerce of Seattle, Wash.- Judgment for defendant, and the United States brings error. M. P. McCoy was an examiner of public surveys and special disbursing agent of the United States, with headquarters at Seattle.
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In Error to District Court of the United States for the Northern Division of the Western District of Washington; C. H. Hanford, Judge. Action , by the United States against the National Bank of Commerce of Seattle, Wash.- Judgment for defendant, and the United States brings error. M. P. McCoy was an examiner of public surveys and special disbursing agent of the United States, with headquarters at Seattle. His duties required him to run over one in every ten of the lines established by surveyors of public lands in certain states under government contracts in order to check up their work. To…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] We are unable to sustain the judgment of nonsuit on the ground that a tender of the checks to the defendant was a necessary preliminary to the commencement of the action, or to assent to the proposition that the possession of those checks by the defendant was necessary in order to enable it to maintain actions against the banks through which it received the same. The defendant made no demand for the checks, and made no offer to pay the money due the government 011 condition that the checks be returned to it. Its refusal to pay was absolute and…
2Cases cited11 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- United States v. National Exchange Bank of ProvidenceSupreme Court of the United States · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
- Union Tool Co. v. Farmers & Merchants National Bank of Los AngelesCalifornia Supreme Court · 1923
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- Robertson Banking Co. v. BrasfieldSupreme Court of Alabama · 1918
- American Surety Co. v. Citizens' Nat. Bank of RoswellCourt of Appeals for the Eighth Circuit · 1923
21 more not listed; retrieve them via the Exa API.