Bank of Overton v. Thompson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. The appellant (defendant below) is a banking corporation doing business at Overton, in the state of Nebraska. From some time prior to the year 1897, until October 4, 1899, G. S. Hardinger was its cashier, and had the charge and practical management of its affairs; its president and other directors residing at Lexington, in the same state.
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Appeal from the Circuit Court of the United States for the District of Nebraska. The appellant (defendant below) is a banking corporation doing business at Overton, in the state of Nebraska. From some time prior to the year 1897, until October 4, 1899, G. S. Hardinger was its cashier, and had the charge and practical management of its affairs; its president and other directors residing at Lexington, in the same state. On March 1, 1897, the appellee (complainant below), by an agreement in writing, leased to said G. S. Hardinger nearly a section of land in Dawson county, Neb.-, for the term of…
1Opinion of the CourtLochren, District Judge
1. The question as to whether the books of account of defendant bank were properly admitted in evidence, though much discussed in the briefs of counsel, is not presented by this appeal. The complainant who. objected to this evidence does not appeal, and the evidence must be considered as properly admitted.
2. But assuming that the moneys which Hardinger obtained for the cattle sold to Stryker were trust funds, and that complainant had an interest in the specific money represented by the draft and credit slip which Hardinger received from Stryker as cash for the cattle, to the extent of what…
2Cases cited14 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
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3Cited by28 opinions
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Kean v. National City BankCourt of Appeals for the Sixth Circuit · 1923
- Adler v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1929
- Lilly v. Hamilton Bank of New YorkCourt of Appeals for the Third Circuit · 1909
- Aetna Casualty & Surety Co. v. Local Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1933
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