City of Wilmington v. Ricaud
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of tbe United States for tbe Eastern District of North Carolina. This case comes up on writ of error from the circuit court of tbe United States for tbe Eastern district of North Carolina. Tbe action was at law, and was by stipulation beard by tbe court without tbe intervention of a jury. Tbe court below found for tbe plaintiff, and tbe case is here on assignments of error. No Mil of exceptions is in the record.
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In Error to the Circuit Court of tbe United States for tbe Eastern District of North Carolina. This case comes up on writ of error from the circuit court of tbe United States for tbe Eastern district of North Carolina. Tbe action was at law, and was by stipulation beard by tbe court without tbe intervention of a jury. Tbe court below found for tbe plaintiff, and tbe case is here on assignments of error. No Mil of exceptions is in the record. As the errors charged are errors of law on the face of the record (Young v. Martin, 8 Wall. 351) such hill Is not necessary. The First National Bank of…
1Opinion of the Court
SIMONTON. Circuit Judge
(after stating the facts). It is very clear that there was a grave mistake made in the matter of listing *216these shares. The bank did not own one of them. Under the law of North Carolina, it was not the duty of the bank to list them. It was the express duty of each shareholder to list his own shares. Non constat, from anything appearing in the record, that each shareholder did not .do his duty in this regard, and the presumption is that he did. The cashier had no right to list these shares in the name of the bank, and he, to say the least, was in gross error when he did…
2Cases cited3 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- City of Charlestown v. County CommissionersMassachusetts Supreme Judicial Court · 1872
- Dunnell Manufacturing Co. v. Inhabitants of PawtucketMassachusetts Supreme Judicial Court · 1856
3Cited by5 opinions
- White v. HopkinsCourt of Appeals for the Fifth Circuit · 1931
- Weiser, National Bank v. JeffreysIdaho Supreme Court · 1908
- Union Bank & Trust Co. v. MooreMontana Supreme Court · 1922
- Air-Way Electric Appliance Corp. v. ArcherDistrict Court, S.D. Ohio · 1922
- White v. HopkinsCourt of Appeals for the Fifth Circuit · 1931