Austin v. Tecumseh National Bank
Nebraska Supreme Court
Error from the district court of Johnson county. Tried below before Bush, J. So far as the creditors of the old bank are concerned, there was such a merger as created a legal liability on the part of defendant for the debts of the old bank. (.Metropolitan Nat. Bank v. Claggett, 141 U. S., 520; Earns v. Exchange Bank of Jefferson City, T9 Mo., 182; Michigan Ins. Bank v. Eldred, 143 U. S., 293; Coffey v. Nat. Bank of Missouri, 46 Mo., 140; Kelsey v. Nat.
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Error from the district court of Johnson county. Tried below before Bush, J. So far as the creditors of the old bank are concerned, there was such a merger as created a legal liability on the part of defendant for the debts of the old bank. (.Metropolitan Nat. Bank v. Claggett, 141 U. S., 520; Earns v. Exchange Bank of Jefferson City, T9 Mo., 182; Michigan Ins. Bank v. Eldred, 143 U. S., 293; Coffey v. Nat. Bank of Missouri, 46 Mo., 140; Kelsey v. Nat. Bank of Crawford, 69 Pa. St., 426; Thompson v. Abbott, 61 Mo., 176; Western Reserve Bank v. Mclntire, 40 O. St., 528; Hopper v. Moore, 42 la.,…
1Opinion of the CourtPost, C. J.
This was an action in the district court for Johnson county against the Tecumseh National Bank to recover the amount of a certificate of deposit for $300 issued by the firm of Russell & Holmes, doing business as bankers in said county. The allegations of the petition below are that the plaintiff therein, who is also plaintiff in error, on the 7th day of November, 1888, deposited with the said firm the sum of $300 and received the certificate of deposit above described; that on the 1st day of June, 1889, the firm of Russell & Holmes went into liquidation and closed its business, and thereafter…
2Cases cited4 opinions
- City Nat'l Bk. of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1884
- Reed Bros. Co. v. First Nat. Bank of Weeping Water.Nebraska Supreme Court · 1895
- Coffey v. National Bank of MissouriSupreme Court of Missouri · 1870
- Scofield v. State National BankNebraska Supreme Court · 1879
3Cited by32 opinions
- Armit v. LovelandCourt of Appeals for the Third Circuit · 1940
- Chase v. Michigan Telephone Co.Michigan Supreme Court · 1899
- Skirvin Operating Co. v. Southwestern Electric Co.Supreme Court of Oklahoma · 1918
- American Railway Express Co. v. DowningSupreme Court of Virginia · 1922
- Antiphon, Inc v. Lep Transport, IncMichigan Court of Appeals · 1990
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