Legal Opinion

Evansville Bank v. German-American Bank

Supreme Court of the United States

Decided January 7, 1895No. 85PublishedCited by 32 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR’ THE DISTRICT OF INDIANA. • This case was tried by the court, a jury having been waived. A special finding of facts was made.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR’ THE DISTRICT OF INDIANA. • This case was tried by the court, a jury having been waived. A special finding of facts was made. From this it appears that during the month of June, 1887, the Fidelity National Bank of Cincinnati, Ohio, (hereinafter called the Fidelity Bank,) and the German-American Bank of Peoria, Illinois, (hereinafter called the German-American Bank,) the plaintiff in the court below, were mutually transacting the business of collecting mercantile paper each for .the other, and were keeping ledger accounts with each other,…

1Opinion of the CourtJustice Beewee

The Fidelity Bank did not purchase this draft from the plaintiff, and, although it acquired the mere legal title, never became its equitable owner. It received it as an agent, and the endorsement, “ for collection, for German-American National Bank of Peoria, Illinois,” was notice to it and every subsequent holder that it was forwarded simply for collection. Neither by the express terms of the contract between the plaintiff and the Fidelity. Bank, nor by the course of business between them, nor by the custom of bankers, did the receipt of the-draft by the Fidelity make it a debtor for the…

2Cases cited3 opinions

  1. Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
  2. White v. National BankSupreme Court of the United States · 1881
  3. Sweeny v. EasterSupreme Court of the United States · 1864

3Cited by32 opinions

  1. Carson v. Federal Reserve BankNew York Court of Appeals · 1930
  2. Dakin v. BaylySupreme Court of the United States · 1933
  3. Kane v. First Nat. Bank of El Paso, Tex.Court of Appeals for the Fifth Circuit · 1932
  4. Heid Bros., Inc. v. Commercial Nat. Bank of HutchinsonTexas Commission of Appeals · 1922
  5. Hutchinson v. National Bank of CommerceSupreme Court of Alabama · 1906

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