Fidelity & Deposit Co. of Maryland v. Bank of Charleston, Nat. Banking Ass'n
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. Action by the Fidelity & Deposit Company of Maryland against the Bank of Charleston, National Banking Association. Judgment for defendant on sustaining demurrer to the complaint, and plaintiff brings error. This is a civil action, instituted in the District Court of the United States for the.
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In Error to the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. Action by the Fidelity & Deposit Company of Maryland against the Bank of Charleston, National Banking Association. Judgment for defendant on sustaining demurrer to the complaint, and plaintiff brings error. This is a civil action, instituted in the District Court of the United States for the. Eastern District of South Carolina, by the Fidelity & Deposit Company of Maryland against the Bank of Charleston, S. C., for damages, amounting to $5,900, with…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The plaintiff in error will be referred to as plaintiff, and the defendant in error as defendant; such being the relative positions the parties occupied in the court below.
The defendant, having filed a demurrer, thereby admitted all the allegations contained in the complaint, to wit, that Mordeeai had nq authority to indorse the check or collect the same; that the bank knew, or should have known, that it had no right to pay the check; that the bank came into possession of the check with that knowledge; that it charged Wagener’s account with the same, and…
2Cases cited17 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
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3Cited by6 opinions
- Weaver Construction Co. v. Farmers National BankSupreme Court of Iowa · 1962
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1925
- State v. First Nat. Bank of AlbuquerqueNew Mexico Supreme Court · 1934
- Yarborough v. Peoples National BankSupreme Court of South Carolina · 1931
- Corbett v. KleinsmithCourt of Appeals for the Sixth Circuit · 1940
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