Grant v. Cropsey
Nebraska Supreme Court
k Error from the district court for Lancaster county. The facts are fully set forth in the opinion. 1. Declarations of a cashier made in the course of business of the bank, and pertinent thereto, are admissible against the bank.
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k Error from the district court for Lancaster county. The facts are fully set forth in the opinion. 1. Declarations of a cashier made in the course of business of the bank, and pertinent thereto, are admissible against the bank. Merchants Bank v. Rudolf, 5 Neb., 540. Drew v. Kimball, 43 N. H., 282. Glaflin v. Farmers Bank, 35 Barb., 540. 2. The court erred in ruling out the evidence, and in striking out a portion of the petition showing what was represented by the cashier at the time the note was given, this evidence would have shown fraud. Munson v. Nichols, 62 111., 111. This evidence would…
1Opinion of the CourtLake, J.
This was an action on a promissory note executed to the Lancaster County Bank for a loan of money by Schutt & Polly as principals, and F. E. Atwood and Patrick J. Grant as accommodation makers. In this transaction with the bank, Atwood acted also on behalf of the hank, he being at the time its acting cashier.
Service of summons was had upon Grant alone, who in his answer set up as his second defense, in substance, *208that some time after the note matured, having in his hands and under his control sufficient money belonging to Schutt & Polly, who were then and still are insolvent, with which to…
2Cases cited5 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Merchants' Bank v. RudolfNebraska Supreme Court · 1877
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Demyer v. SouzerNew York Supreme Court · 1831
3Cited by12 opinions
- Bainter v. AppelNebraska Supreme Court · 1932
- State Savings Bank v. MontgomeryMichigan Supreme Court · 1901
- First National Bank v. First National BankNebraska Supreme Court · 1923
- Newman v. MuellerNebraska Supreme Court · 1884
- Blodgett v. McMurtryNebraska Supreme Court · 1892
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