Sturdivant v. Memphis Nat. Bank
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Mississippi. . Action by the Memphis National Bank against Ben W. Sturdivant upon a promissory note. Plaintiff obtained judgment. Defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of Mississippi. . Action by the Memphis National Bank against Ben W. Sturdivant upon a promissory note. Plaintiff obtained judgment. Defendant brings error. Defendant in error declared below against the plaintiff in error in assump-sit on a promissory note which was in the following words and figures: “No. 2. “§7,500.00. Twilight, Miss., Dec. 21, 1889. “On the first da.y of March, 1891, we promise to pay to the order of Wad-dill, Catching's & Co., at their office in Memphis, Tennessee, in United States gold coin,…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). In the briefs submitted, there is a contention as to the facts of the case claimed to have been shown on the trial, and on each side considerable argument is presented, based on the facts as each claims them to be; but, as we find no bill of exceptions in the record, we can in no wise consider matters of evidence. As the case is presented to us, we are limited in our examination to the rulings of the trial court on the pleadings.
1. The second plea is to the effect that the instrument sued on is void, and not collectible in law, because made payable in the…
2Cases cited9 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Miller v. TiffanySupreme Court of the United States · 1864
- Brabston v. GibsonSupreme Court of the United States · 1850
- Harrison v. Pike Bros. & Co.Mississippi Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Building & Loan Ass'n of Dakota v. LoganCourt of Appeals for the Fifth Circuit · 1895
- Hieronymus v. New York Nat. Building & Loan Ass'nU.S. Circuit Court for the District of Southern Alabama · 1899
- Andruss v. People's Building, Loan & Saving Ass'nCourt of Appeals for the Fifth Circuit · 1899
- Farm Mortgage & Loan Co. v. BealeNebraska Supreme Court · 1925
- Manship v. New South Building & Loan Ass'nU.S. Circuit Court for the District of Southern Mississippi · 1901
1 more not listed; retrieve them via the Exa API.