Pollock v. National City Bank of Chicago
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Action at law by the National City Bank of Chicago against Robert M. Pollock and others. Judgment for plaintiff, and defendants bring error. This is an action by the National City Bank of Chicago on the written guaranty of the defendants, Robert M. Pollock, M. Kittel, and ft.
Read the full summary
In Error to the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Action at law by the National City Bank of Chicago against Robert M. Pollock and others. Judgment for plaintiff, and defendants bring error. This is an action by the National City Bank of Chicago on the written guaranty of the defendants, Robert M. Pollock, M. Kittel, and ft. O. Kittel, to pay bonds of the Northern Trading Company, a corporation, aggregating $10,000, on which $4,000 had been paid. R. C. Kittel was not served with process. Robert M. Pollock and M. Kittel, hereafter…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] The first reason why counsel for the defendants argue that the judgment below should be reversed is that the court below failed to find that the transaction of February 1, 1915, described in its findings was not, as to the defendants, a payment and discharge of the bonds by R. C. Kittel or R. C. Kittel & Co. Their contention is that either R. C. Kittel or R. C. Kittel'& Co. by this transaction paid or Bought the bonds on which as collateral they borrowed $10,000 of the bank; that, as R. C. Kittel was the coguarantor with the defendants of the obligation…
2Cases cited2 opinions
- Ketchum v. DuncanSupreme Court of the United States · 1878
- Hirsch v. People's Bank of PlaquemineCourt of Appeals for the Fifth Circuit · 1917