Kinney v. Hynds
Wyoming Supreme Court
ERROR to tbe District Court for Sweetwater Comity, Hon. Jesse Knight, Judge. Action upon certificates of deposit. Tbe defendant bank made affidavit that they were claimed by a third*party, and the latter was ordered to appear and maintain' or relinquish his claim. He appeared and answered, and the case proceeded as against him, the bank retaining the money in the meantime by order of the court. The facts are stated in the opinions.
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ERROR to tbe District Court for Sweetwater Comity, Hon. Jesse Knight, Judge. Action upon certificates of deposit. Tbe defendant bank made affidavit that they were claimed by a third*party, and the latter was ordered to appear and maintain' or relinquish his claim. He appeared and answered, and the case proceeded as against him, the bank retaining the money in the meantime by order of the court. The facts are stated in the opinions. The indorsement and transfer of the certificates of deposit was for a gambling consideration, and therefore void. (R. S., Sec. 1001; Bank v. Bank, 38 Fed., 800;…
1Opinion
ON PETITION EOR REHEARING.
(October Term, 1897.)
Potter, Chief Justice.
The defendant in error applies for rehearing as to that portion of the judgment of this court relating to interest. We held that it was erroneous to include interest in the judgment, and the trial court was directed to enter judgment in favor of defendant in error for his claim without interest.
The defendant in error was plaintiff below, and brought his action against the First National Bank of Nock Springs upon certain certificates of deposit issued by said bank to the plaintiff in error, and which by indorsement and…
Also in this document: Concurrence.
2Cases cited4 opinions
- Furrow v. ChapinSupreme Court of Kansas · 1874
- Converse v. Ware Savings BankMassachusetts Supreme Judicial Court · 1890
- Sibley v. Equitable Life Assur. Soc.The Superior Court of the City of New York and Buffalo · 1888
- Sleppy v. Bank of CommerceUnited States Circuit Court · 1882