Finn v. Brown
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The .court stated the case as follows: This is an action at law, brought in the Circuit Court of the United States for the District of Colorado, by the receiver of the First National Bank of Leadville, Colorado, against Nicholas Finn, to recover $8750, with interest upon $7000 thereof from September 28, 1885, and upon $1750 thereof from January 2, 1884. The bank was a national banking corporation;…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The .court stated the case as follows: This is an action at law, brought in the Circuit Court of the United States for the District of Colorado, by the receiver of the First National Bank of Leadville, Colorado, against Nicholas Finn, to recover $8750, with interest upon $7000 thereof from September 28, 1885, and upon $1750 thereof from January 2, 1884. The bank was a national banking corporation; and, it becoming insolvent, the Comptroller of the Currency, on the 24th of January, 1884, appointed one Ellsworth…
1Opinion of the Court
Mr. Justice Blatchford,. after stating the case, delivered the opinion of the court.
The contention on the part of the defendant is that the Circuit Court erred in not allowing the cause to go to the jury. It is undoubtedly true, as contended by the defendant, that, as the 50 shares of stock were transferred to him originally without his knowledge and oonsent, he had a right to repudiate the transaction; but he is presumed to be the owner of the stock when his name appears upon the books of the bank as such owner, and the burden of proof is upon him to show that he is in fact not the owner.…
2Cases cited6 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Keyser v. HitzSupreme Court of the United States · 1890
- Webster v. UptonSupreme Court of the United States · 1876
- Whitney v. ButlerSupreme Court of the United States · 1886
- Turnbull v. PaysonSupreme Court of the United States · 1877
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3Cited by48 opinions
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- Mechanics Universal Joint Co. v. CulhaneSupreme Court of the United States · 1936
- Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
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