Swift v. Bank of Washington
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. On the 31st day of July, 18!)9, F. M. Overlees executed and delivered to IT. B. McAllister & Có. his negotiable promissory note for $2.íít¡4.í)8. payable at their office at Kansas City Stock Yards, Kansas City, Kan., 1Ú months after date.
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In Error to the Circuit Court of the United States for the District of Kansas. On the 31st day of July, 18!)9, F. M. Overlees executed and delivered to IT. B. McAllister & Có. his negotiable promissory note for $2.íít¡4.í)8. payable at their office at Kansas City Stock Yards, Kansas City, Kan., 1Ú months after date. For a valuable consideration McAllister & Co. indorsed and delivered the note before its maturity to the Bank of Washington, the defendant in error and plaintiff below. Of even date with the note, the maker thereof executed a chattel mortgage on certain cattle to secure its…
1Opinion of the CourtCardwerr, Circuit Judge
The first and principal question raised by the demurrer to the answer is: Who has the better right to the cattle, the plaintiff, which purchased the note secured by the mortgage for value before maturity, relying on the mortgage as security for its payment, or the defendant, who purchased the cattle from the mortgagor, and paid or caused to be paid to the mortgagees the amount of the mortgage debt, without notice of the previous sale and transfer to the plaintiff of the note the mortgage was- given to secure? This is no longer a debatable question in the federal courts. In Carpenter v.…
2Cases cited15 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Sawyer v. PrickettSupreme Court of the United States · 1874
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Kenicott v. SupervisorsSupreme Court of the United States · 1873
- Logan v. SmithSupreme Court of Missouri · 1876
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3Cited by9 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- Smith v. First Nat. Bank of Cadiz, OhioSupreme Court of Oklahoma · 1909
- Stetler v. WinegarSupreme Court of Colorado · 1924
- Stock Growers Finance Corp. v. HildrethArizona Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.