Legal Opinion

Curtice v. Crawford County Bank

Court of Appeals for the Eighth Circuit

Decided October 27, 1902No. 1,698PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Western District of Arkansas. This action was brought by James M. Curtice, the appellant, against the Crawford County Bank and E. B. Pierce, administrator of Robert S. Hynes, deceased, the appellees, to foreclose a lien on two certificates of stock, being certificate No. 133, dated March 15, 1894, and certificate No. 108, dated July 16, 1891, representing together 240 shares of stock, both of which had been issued by…

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Appeal from the Circuit Court of the United States for the Western District of Arkansas. This action was brought by James M. Curtice, the appellant, against the Crawford County Bank and E. B. Pierce, administrator of Robert S. Hynes, deceased, the appellees, to foreclose a lien on two certificates of stock, being certificate No. 133, dated March 15, 1894, and certificate No. 108, dated July 16, 1891, representing together 240 shares of stock, both of which had been issued by the Crawford County Bank, on the dates aforesaid, in favor of R. S. Hynes. It will suffice to say, concerning the bill…

1Opinion of the CourtThayer, Circuit Judge

On the trial in the circuit court there was no substantial controversy over the fact that Curtice, the complainant, loaned a considerable sum of money to Robert S. Hynes, he being at that time the cashier of the defendant bank, as far back as the year 1888, 1889, or 1890, and that this indebtedness had never been fully discharged. For the purposes of the trial it was admitted that, when Hynes died (an event which seems to have occurred during the summer of 1896), he owed the complainant, Curtice, and the defendant bank, the sums which they respectively claimed; and by its decree the lower…

2Cases cited5 opinions

  1. Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
  2. Holden v. . New York and Erie BankNew York Court of Appeals · 1878
  3. National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
  4. Birmingham Trust & Savings Co. v. Louisiana National BankSupreme Court of Alabama · 1892
  5. Waynesville Nat. Bank v. IronsUnited States Circuit Court · 1881

3Cited by7 opinions

  1. Acme Precision Products, Inc., and William F. Jobbins, Inc. v. American Alloys CorporationCourt of Appeals for the Eighth Circuit · 1970
  2. Ardmore State Bank v. MasonSupreme Court of Oklahoma · 1911
  3. In re Virginia Hardwood Mfg. Co.District Court, W.D. Arkansas · 1905
  4. Merchants & Farmers Bank v. Citizens BankSupreme Court of Arkansas · 1916
  5. Pollman v. CurticeCourt of Appeals for the Eighth Circuit · 1919

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