Xenia Bank v. Stewart
Supreme Court of the United States
IN ERROR TO THE CIROUIT COURT OR THE UNITED STATES FOE THE SOUTHERN DISTRICT OR OHIO. •This was aa action brought by defendants in error against plaintiff in error, to recover the .value of thirty certificates of shares in’the bank of the plaintiff in error, owned by defendants’ intestate in his lifetime, and sold by the bank after his death. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Woods
The defendants in error were the plaintiffs in the Circuit Court. They alleged in their petition that the plaintiff in error, the First National Bank of Xenia, Ohio, being in possession of thirty shares of its own capital stock belonging to their intestate, Daniel McMillan, on October 24, 1876, sold them for $4,200 in cash, and unlawfully appropriated the proceeds of the sale to its own use. They therefore demanded judgment against the bank for $4,200, with interest from October 24, 1876.
The defendant answered that McMillan, the intestate, in April, 1876, was owing it, upon a debt previously…
2Cases cited10 opinions
- United States v. RossSupreme Court of the United States · 1876
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Cliquot's ChampagneSupreme Court of the United States · 1866
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