First National Bank v. American National Bank
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The defense of ultra vires can not be successfully interposed by defendant in this .case for the reasons : first, the National Banking Act does not prohibit a national bank from entering into contract such as is contained in the two telegrams of May 18th and 19th, and the contract has been fully performed by the plaintiff; second, Clemons & Company are the real parties in interest, having indemnified the defendant and…
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Transferred from Kansas City Court of Appeals. (1) The defense of ultra vires can not be successfully interposed by defendant in this .case for the reasons : first, the National Banking Act does not prohibit a national bank from entering into contract such as is contained in the two telegrams of May 18th and 19th, and the contract has been fully performed by the plaintiff; second, Clemons & Company are the real parties in interest, having indemnified the defendant and assumed full charge and control of the defense, and having deposited sufficient money with defendant to take care of the…
1Opinion of the CourtMarshall, J.
This is an action to recover upon three drafts drawn by Lieuallen, of Idaho, upon Clemons & Company, of Kansas City, for certain merchandise bought by the latter from the former, and which drafts were discounted by the plaintiff on the faith of a telegram to it by the defendant that they would be paid. The plaintiff recovered a judgment in the trial court. The court granted a new trial assigning as a reason, “that the court erred in refusing defendant’s instructions as demurrer to the evidence and in refusing defendant’s instruction requesting the court to find for the defendant.” The…
2Cases cited24 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
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3Cited by18 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Ellis v. Citizens' National BankNew Mexico Supreme Court · 1918
- First National Bank v. MonroeSupreme Court of Georgia · 1911
- Citizens' Nat. Bank of Cameron v. Good Roads Gravel Co.Court of Appeals of Texas · 1921
- Fidelity & Deposit Co. v. National Bank of CommerceCourt of Appeals of Texas · 1907
13 more not listed; retrieve them via the Exa API.