Legal Opinion

Morris v. Third Nat. Bank of Springfield

Court of Appeals for the Eighth Circuit

Decided October 23, 1905No. 2,056PublishedCited by 16 opinions

In Error to the Circuit Court of the United States for the Western District of Missouri. This was an action by the Third National Bank of Springfield, Mass., against Nelson Morris, Edward Morris, and Frank E. Vogel, partners as Nelson Morris & Co., and the J. C. Bohart Commission Company, a corporation, to recover the value of 226 head of .steex-s alleged to have been converted by them to their own use.

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In Error to the Circuit Court of the United States for the Western District of Missouri. This was an action by the Third National Bank of Springfield, Mass., against Nelson Morris, Edward Morris, and Frank E. Vogel, partners as Nelson Morris & Co., and the J. C. Bohart Commission Company, a corporation, to recover the value of 226 head of .steex-s alleged to have been converted by them to their own use. Sex-vice was obtained only upon the defendant Edward Morris, and the action proceeded against him alone. The right of the plaintiff was averred to be by virtue of three chattel mortgages, one…

1Opinion of the CourtHook, Circuit Judge

Edward Morris did not personally participate in the transactions which are claimed to amount to a conversion of the mortgaged cattle, and if he is liable it must be by reason of the liability of the firm of Nelson Morris & Co., of which he was a member. The 4.6 assignments of error, so far as they require consideration, present but few general propositions.

1. The request of the defendant at the conclusion of the evidence for a directed verdict was denied. He contends that the evidence conclusively proved that the packing establishment at St. Joseph, Mo., where the cattle were slaughtered, was…

2Cases cited15 opinions

  1. California Bank v. KennedySupreme Court of the United States · 1897
  2. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  3. National Bank v. CaseSupreme Court of the United States · 1879
  4. First Nat. Bank of Charlotte v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1876
  5. Concord First National Bank v. HawkinsSupreme Court of the United States · 1899

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3Cited by16 opinions

  1. Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
  2. State Ex Rel. Barrett v. First National BankSupreme Court of Missouri · 1923
  3. Norton Grocery Co. v. Peoples National BankSupreme Court of Virginia · 1928
  4. Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919
  5. First Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1937

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