Legal Opinion

National Bank of Washington v. Texas

Supreme Court of the United States

Decided April 20, 1874PublishedCited by 15 opinions

Appeal from the Supreme Court of the District of Columbia; the case being thus : The United States, on the 1st of January, 1851, issued to the State of Texas for the sale of a portion of- her northwestern territory, five thousand coupon bonds of $1000 each, numbered successively from N'o. 1 to No. 5000, and “redeernable after the 31st day of December, 1864.” They were made on their face all payable “to bearer,” arid declared to be transferable on delivery. .The coupons,…

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Appeal from the Supreme Court of the District of Columbia; the case being thus : The United States, on the 1st of January, 1851, issued to the State of Texas for the sale of a portion of- her northwestern territory, five thousand coupon bonds of $1000 each, numbered successively from N'o. 1 to No. 5000, and “redeernable after the 31st day of December, 1864.” They were made on their face all payable “to bearer,” arid declared to be transferable on delivery. .The coupons, which extended to December 31st, 1864, and no farthet, were equally payable “ to bearer.” These bonds were known as Texas…

1Opinion of the CourtJustice Miller

Waiving for the present the question whether the bonds were overdue in the sense which puts a purchaser of dishonored negotiable paper on the inquiry as to defences which may be set up against it, it is quite clear that they were transferable by delivery after due the same as before. To invalidate the title so acquired by a purchaser, it is necessary to make out some defect in that title.

The main allegation of the bill is that these are part of the bonds'issued to White aud Chiles, in aid of the rebellion. All knowledge of this, fact is denied by defendants, and the. fact itself is denied.…

2Cited by15 opinions

  1. Morgan v. United StatesSupreme Court of the United States · 1885
  2. Dewing v. PerdicariesSupreme Court of the United States · 1878
  3. McSherry v. BrooksCourt of Appeals of Maryland · 1877
  4. Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
  5. Greenwell v. HaydonCourt of Appeals of Kentucky · 1880

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