First National Bank of Omaha v. First National Bank of Moline
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Blair, J. Tbe opinion contains a statement of tbe case. If tbe collection was legitimate tbe Moline bank is entitled to tbe proceeds as a trust fund. (Griffin v. Ohase, 86 Neb.. 328; Evansville Banlc v. German-American Banlc, 155 U. S. 556; First Nat. Banlc v. Bank of Monroe, 33 Fed. Bep. 408;’ Gragie v. Hadley, 99 N. Y. 131; Manufacturers Nat.
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Error from tbe district court of Douglas county. Tried below before Blair, J. Tbe opinion contains a statement of tbe case. If tbe collection was legitimate tbe Moline bank is entitled to tbe proceeds as a trust fund. (Griffin v. Ohase, 86 Neb.. 328; Evansville Banlc v. German-American Banlc, 155 U. S. 556; First Nat. Banlc v. Bank of Monroe, 33 Fed. Bep. 408;’ Gragie v. Hadley, 99 N. Y. 131; Manufacturers Nat. Bank v. Continental Bank, 20 N. E. Rep. [Mass.] 193.) Tbe Ornaba bank was tbe agent of tbe Moline bank, and not responsible for tbé default of tbe Holt County Bank. (First Nat. Bank of…
1Opinion of the Court
Harrison, O. J.
On April 20, 1893, the defendant in error, hereinafter styled the Moline bank, was the owner of a promissory note in the sum of $1,102.43, executed by David L. Darr, of date November 7, 1892, and due May 7, 1893, payable at Holt County Bank, O’Neill, Nebraska, and on April 20, 1893, sent it to plaintiff in error, hereinafter called *305the Omaha bank, for collection. The letter by which it was transmitted was as follows:
“Moline, Illinois, April 20, 1893.
“F. H: Davis, OasMer, Omaha, Nebraska — Dear Sir: Herewith find for collection and returns:
“Number. Amount.
“36811 David L. Darr,…
2Cases cited1 opinion
- First National Bank v. SpragueNebraska Supreme Court · 1892
3Cited by2 opinions
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- United States Nat. Bank of Galveston v. AzarCourt of Appeals of Texas · 1937