American Nat. Bank v. Bank of Bandon
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by Bank of Bandon against the American National -Bank. Judgment for the plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by Bank of Bandon against the American National -Bank. Judgment for the plaintiff, and defendant brings error. The Bank of Bandon, an Oregon bank, brought action against the American National Bank in San Francisco to recov.er $5,887.78 and interest arising out of failure of the American Bank to notify the Bandon Bank promptly of the refusal of the drawee of a draft that the draft was dishonored. After trial by jury, verdict and judgment went for…
1Opinion of the CourtPiun-T, Circuit Judge
(after stating the facts as above). It goes without saying it that the American Bank in San Francisco was negligent in notifying the Bandon Bank on December 19th that the Rob-* 'ert Dollar Company, drawee of the draft, had accepted it, when the fact was that that company had on that same day refused to accept it, and in failing until December 29th to notify the Bandon Bank of the refusal 'of acceptance by thej drawee. The president of the Ban-don Bank testified positively that when the draft was drawn he believed the lumber company solvent, and that if he had known of the dishonor of the…
2Cases cited5 opinions
- Smith v. . MillerNew York Court of Appeals · 1873
- Grimes v. TaitSupreme Court of Oklahoma · 1908
- Hawley, Dodd & Co. v. Jette & ClarkOregon Supreme Court · 1881
- Citizens National Bank v. Third National BankIndiana Court of Appeals · 1898
- Welch v. B. C. Taylor Manufacturing Co.Illinois Supreme Court · 1876
3Cited by2 opinions
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- Ostrander v. Yokohama Specie Bank, Ltd.Washington Supreme Court · 1929