First National Bank v. National Exchange Bank
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action of assumpsit on the common counts to which the general issue was pleaded, and errors of pleading were waived.
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Appeal from the Superior Court of Baltimore City. This was an action of assumpsit on the common counts to which the general issue was pleaded, and errors of pleading were waived. In addition to the facts stated in the opinion of the Court, the following were shown by the record: When the case was called for trial, the plaintiff tendered in open Court all it had received under the contract made in September, 1866, which it disavowed, offering to annul the cancellation of the certificate of deposit, and to agree not to plead limitations in event of a suit being brought on it. The defendant…
1Opinion of the CourtRobinson, J.
The plaintiff below, a National Bank in Charlotte, North Carolina, desiring to increase its capital stock, and for that purpose to deposit with the proper department at Washington, $50,000 in United States bonds, employed Bayne & Co., of Baltimore, as its agent to procure and deliver them at Washington. Not having money to pay for them at the time, the plaintiff sent its president, Wilkes, to Baltimore, with a certificate previously prepared in Charlotte, as follows
‘ ‘ First National Bank of Charlotte, North Carolina.
“ Charlotte, December 15, 1865.
“Received on deposit from Bayne & Co.,…
2Cited by6 opinions
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- Second Nat. Bank of Parkersburg v. United States Fidelity & Guaranty Co.Court of Appeals for the Fourth Circuit · 1920
- McBoyle v. Union National BankCalifornia Supreme Court · 1912
- First National Bank v. Federal Land BankIndiana Court of Appeals · 1931
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