Legal Opinion

United States v. Britton

Supreme Court of the United States

Decided January 1, 1883No. 407PublishedCited by 38 opinions

ON CERTIFICATE OF DIVISION IN OPINION, FROM THE EASTERN DISTRICT OF MISSOURI. Indictment against the president of a national banking association. The indictment contained three counts. It was found by the same grand jury as the indictment in case No. 406, just decided, and was remitted and transferred to the circuit court in like manner.

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ON CERTIFICATE OF DIVISION IN OPINION, FROM THE EASTERN DISTRICT OF MISSOURI. Indictment against the president of a national banking association. The indictment contained three counts. It was found by the same grand jury as the indictment in case No. 406, just decided, and was remitted and transferred to the circuit court in like manner. The first count charged that the defendant, James H. Brit-ton, on March 24th, 1877, within the Eastern District of Missouri, being the'president and a director of the National Bank of the State' of Missouri, the shme being a national banking association…

1Opinion of the CourtJustice Woods

It is not alleged in the first count that the J. H. Britton, maker of the note discounted, was the James H. Britton who was president and a director of the association and the defendant in the indictment, and consequently there is no averment that the maker of the note was insolvent. Passing by this defect, and assuming' that the maker of- the note being the defendant in this case, the gravamen of the charge is that defendant, being president and a director of the association, and being insolvent, procured to be discounted his own note, the same not being well secured, the payee and indorser…

2Cited by38 opinions

  1. Braverman v. United StatesSupreme Court of the United States · 1942
  2. Evans v. United StatesSupreme Court of the United States · 1894
  3. United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
  4. McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902
  5. United States v. John R. Adamson, IIICourt of Appeals for the Fifth Circuit · 1983

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