Legal Opinion

National Bank of Commerce of Boston v. Merchants' Nat. Bank of Memphis

Supreme Court of the United States

Decided November 18, 1875No. 15PublishedCited by 41 opinions

Error to tbe Circuit Court of tbe United States for tbe District of Massachusetts. Tbis was a suit brought by tbe Merchants’ National Bank of Memphis against tbe National Bank of Commerce of Boston for alleged negligence in surrendering three. bills of lading attached to three drafts, — two at thirty days, and one on sight, — which were sent by the Metropolitan National Bank of Now York to the defendant, who surrendered the bills of lading to the drawees upon their…

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Error to tbe Circuit Court of tbe United States for tbe District of Massachusetts. Tbis was a suit brought by tbe Merchants’ National Bank of Memphis against tbe National Bank of Commerce of Boston for alleged negligence in surrendering three. bills of lading attached to three drafts, — two at thirty days, and one on sight, — which were sent by the Metropolitan National Bank of Now York to the defendant, who surrendered the bills of lading to the drawees upon their acceptance of the drafts. These were drawn against the cotton mentioned in the bills of lading. The defendant had no information…

1Opinion of the CourtJustice Stbong

The fundamental question in this case is, whether a bill of lading of merchandise deliverable to order, when attached to a time draft and forwarded with the draft to an agent for collection, without any special instructions, may be sur rendered to the drawee on his acceptance of the draft, or whether the agent’s duty is to hold the bill of lading after the acceptance for the payment. It is true, there are other questions growing out of portions of the evidence, as well as one of the findings of the jury; but they are questions of secondary importance. The bills of exchange were drawn by…

2Cases cited7 opinions

  1. Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
  2. Sweeny v. EasterSupreme Court of the United States · 1864
  3. The Marine Bank of Chicago v. . WrightNew York Court of Appeals · 1871
  4. Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
  5. Römer v. JaeckschCourt of Appeals of Maryland · 1874

2 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
  2. In Re the Estate of HeinzeNew York Court of Appeals · 1918
  3. Sherman County v. SimonsSupreme Court of the United States · 1884
  4. Landa v. Lattin Bros.Court of Appeals of Texas · 1898
  5. Finch v. . GreggSupreme Court of North Carolina · 1900

36 more not listed; retrieve them via the Exa API.

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