American Nat. Bank of Nashville v. Miller
Supreme Court of the United States
ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve, the right of a bank to cancél payments made on a bankrupt’s check on the ground of constructive knowledge of the bankruptcy on the part of the payee, are stated in the opinion. The Nashville Bank, at the time when it made the book entries and mailed the letter of'-advice,' was in total ignorance of the bankrupt’s insolvency, suspension and bankruptcy.
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ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve, the right of a bank to cancél payments made on a bankrupt’s check on the ground of constructive knowledge of the bankruptcy on the part of the payee, are stated in the opinion. The Nashville Bank, at the time when it made the book entries and mailed the letter of'-advice,' was in total ignorance of the bankrupt’s insolvency, suspension and bankruptcy. Having acted under mistake of fact, that bank had the right, as between itself and the bankrupt or any one standing in his shoes, to revoke the…
1Opinion of the CourtJustice Lamar
R. H. Plant, of Macon, Georgia, kept a deposit account with the American National Bank of Nashville, arid, on May 16, 1904, was indebted to it in the sum of $50,000. on paper which matured two or three weeks later. He was generally regarded as a wealthy man, but was in fact insolvent. While so insolvent he, on May 13, 1904, -gave to the First National Bank of Macon, of which he was President', a check for $3,000 on account of an indebtedness due by him to it.
The Macon Bank at once mailed the check to the Nashville-Bank with instructions to place it to the credit of the Macon Bank. The check…
2Cases cited4 opinions
- Evans v. United StatesSupreme Court of the United States · 1894
- Beuttell v. MagoneSupreme Court of the United States · 1895
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Carr v. HamiltonSupreme Court of the United States · 1889
3Cited by100 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- Williams v. VreelandSupreme Court of the United States · 1919
- Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
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