National Surety Co. v. State Savings Bank
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. W. B. Bourne having been duly appointed deputy auditor of Ramsey county, Minn., by W. R.‘ Johnson, the auditor, and being as such authorized to sign all papers and do all other things that the. auditor himself might do, purporting to act by authority of the statute of that state providing for refunding to the holders of invalid certificates of sale for nonpayment of taxes the amounts paid by…
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Appeal from the Circuit Court of the United States for the District of Minnesota. W. B. Bourne having been duly appointed deputy auditor of Ramsey county, Minn., by W. R.‘ Johnson, the auditor, and being as such authorized to sign all papers and do all other things that the. auditor himself might do, purporting to act by authority of the statute of that state providing for refunding to the holders of invalid certificates of sale for nonpayment of taxes the amounts paid by them therefor, drew seven spurious refunding orders, some purporting to be in favor of William Mannering, a fictitious…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The bank purchased nonnegotiable orders or drafts upon the county treasurer, payable to fictitious persons, and by them apparently assigned to it. The orders being nonnegotiable, the bank acquired no greater right to them than its assignors had. The assignors being fictitious persons, and the orders themselves without consideration, fraudulent, and void, the assignee acquired no right against the county. When it presented the orders to the treasurer for payment, and secured payment thereof, it received moneys of the county without consideration, and…
2Cases cited26 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
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3Cited by34 opinions
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Cooper, Myers & Co. v. SmithSupreme Court of Minnesota · 1918
- American Surety Co. v. Citizens' Nat. Bank of RoswellCourt of Appeals for the Eighth Circuit · 1923
- New York Title & Mortgage Co. v. First Nat. Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1931
- Rivers, Warehouse Commissioner v. Liberty National BankSupreme Court of South Carolina · 1926
29 more not listed; retrieve them via the Exa API.