Legal Opinion

First National Bank of Green Bay v. Dearborn

Massachusetts Supreme Judicial Court

Decided June 18, 1874PublishedCited by 34 opinions

Replevin of one hundred barrels of flour. At the trial in the Superior Court, Dewey, J., with the consent of the parties, withdrew the case from the jury, and reported it to this court in substance as follows: At the trial the following facts appeared: R. G. Parks, residing and doing business in Green Bay, Wisconsin, under the name of R. G. Parks & Co., was engaged in the manufacture of flour at a mill in Neenah, in the State of Wisconsin, about thirty or forty miles from…

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Replevin of one hundred barrels of flour. At the trial in the Superior Court, Dewey, J., with the consent of the parties, withdrew the case from the jury, and reported it to this court in substance as follows: At the trial the following facts appeared: R. G. Parks, residing and doing business in Green Bay, Wisconsin, under the name of R. G. Parks & Co., was engaged in the manufacture of flour at a mill in Neenah, in the State of Wisconsin, about thirty or forty miles from Green Bay. The plaintiff bank had its place of business at said Green Bay. Prior to the transactions, in regard to the…

1Opinion of the CourtAmes, J.

It appears that when the draft was discounted and the receipt delivered to the plaintiff, both parties understood that it was an advance by the bank, “ on the flour.” Both parties intended that the property should be, and understood that it was, by that transaction, transferred to the bank, as security for that advance. The discounting of the draft was a sufficient consideration for such a conveyance. If there was a sufficient delivery of the property to the plaintiff, there was nothing to hinder the intention of the parties from going into full effect.

The character and situation of the…

2Cases cited2 opinions

  1. Gibson v. StevensSupreme Court of the United States · 1850
  2. First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872

3Cited by34 opinions

  1. Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
  2. Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
  3. Means v. Bank of RandallSupreme Court of the United States · 1892
  4. Scharff v. MeyerSupreme Court of Missouri · 1896
  5. Erwin v. HarrisSupreme Court of Georgia · 1891

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