First National Bank v. Security National Bank
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. cited the following authorities as determining the nature of certificates of deposit: 2 Wharton, Ev., sec. 925,and cases; Daniels, Neg. Inst., secs. 1702, 1702a, and cases; Brett v. Ming, 1 Ela., 447; Mills v. Barney, 22 Cal., 240; Coye v. Palmer, 16 Id., 158; Ford v. Mitchell, 15 Wis., 334; 1 Randolph, Com. Pa., sec. 2, and cases cited; Cate v. Patterson, 25 Mich., 191 ; Story, Prom.
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Error to the district court for Douglas county. Tried below before Doane, J. cited the following authorities as determining the nature of certificates of deposit: 2 Wharton, Ev., sec. 925,and cases; Daniels, Neg. Inst., secs. 1702, 1702a, and cases; Brett v. Ming, 1 Ela., 447; Mills v. Barney, 22 Cal., 240; Coye v. Palmer, 16 Id., 158; Ford v. Mitchell, 15 Wis., 334; 1 Randolph, Com. Pa., sec. 2, and cases cited; Cate v. Patterson, 25 Mich., 191 ; Story, Prom. Notes, sec. 12, and cases; Hazleton v. Union Bank, 32 Wis., 35; Pardee v. Fish, 60 N. Y., 265; Tripp v. Ourtenius, 36 Mich., 494, and…
1Opinion of the CourtNorval, J.
This suit was brought in the court below by the defendant in error upon four certificates of deposits issued by the plaintiff in error, payable to the order of John W. Rose, and by him indorsed to- the Security National Bank of *74Sioux City, Iowa. Three of the certificates were for $200 each, and one for $150.72.
The defense is failure of consideration, and that the defendant in error acquired the certificates after maturity, and under such circumstances as to charge it with notice of the maker’s defense. On a trial to the court there was judgment for the defendant in error for the full amount…
2Cases cited16 opinions
- Pardee v. . FishNew York Court of Appeals · 1875
- Curran v. WitterWisconsin Supreme Court · 1887
- Hunt v. DivineIllinois Supreme Court · 1865
- Drake v. MarkleIndiana Supreme Court · 1863
- Fox v. Bank of Kansas CitySupreme Court of Kansas · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kirkwood v. First National BankNebraska Supreme Court · 1894
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Verdi v. Helper State BankUtah Supreme Court · 1921
- Kaup v. SchinstockNebraska Supreme Court · 1910
- Thompson v. Farmers State BankSupreme Court of Iowa · 1913
7 more not listed; retrieve them via the Exa API.