Legal Opinion

United States v. State Bank

Supreme Court of the United States

Decided January 21, 1878No. 159PublishedCited by 98 opinions

Appeal from the Court of Claims. This action and the following were brought, one by the State National Bank, of Boston, Mass., and the other by the Merchants’ National Bank, of the same place, to recover from the United States $48,0,000 in gold coin, being the amount of certain gold certificates deposited, Feb. 28, 1867, in the sub-treasury at Boston, and on the same day cancelled and forwarded to the Treasurer of the United States at Washington.

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Appeal from the Court of Claims. This action and the following were brought, one by the State National Bank, of Boston, Mass., and the other by the Merchants’ National Bank, of the same place, to recover from the United States $48,0,000 in gold coin, being the amount of certain gold certificates deposited, Feb. 28, 1867, in the sub-treasury at Boston, and on the same day cancelled and forwarded to the Treasurer of the United States at Washington. The cause of action in each case grew out' of the same transaction, and the findings of fact by the court below-are the same. As they are…

1Opinion of the CourtJustice Swayne

Upon analyzing this case fis it is presented in the record, the facts are found to be few and simple.

Hartwell was cashier of the sub-treasury in Boston. He embezzled a large amount of money belonging to the United States, by lending it to Mellen, Ward, & Co. As the time for the examination of the funds in the sub-treasury approached, Mellen, Ward, & Co. endeavored to tide Hartwell over the crisis, and to conceal his guilt and their own by the devices. out of which this controversy has arisen. They had sold to the Merchants’ National Bank, of Boston, a large amount of gold certificates, with…

2Cases cited6 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  3. May v. Le ClaireSupreme Court of the United States · 1871
  4. Bayne v. United StatesSupreme Court of the United States · 1877
  5. Thomas Wilson & Co. v. SmithSupreme Court of the United States · 1845

1 more not listed; retrieve them via the Exa API.

3Cited by98 opinions

  1. Bull v. United StatesSupreme Court of the United States · 1935
  2. United States v. DalmSupreme Court of the United States · 1990
  3. United States v. Creek NationSupreme Court of the United States · 1935
  4. Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
  5. Aldrich v. Chemical National BankSupreme Court of the United States · 1900

93 more not listed; retrieve them via the Exa API.

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