Utley v. Donaldson
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Missouri. This is an action to recover from Donaldson & Fraley the sum of $15,375, paid to them by the plaintiffs, for fifteen bonds, purporting'to be first mortgage bonds of the Central Pacific Railroad Company, and which subsequently proved to be coun terfeit.
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Error to the Circuit Court of the United States for the Eastern District of Missouri. This is an action to recover from Donaldson & Fraley the sum of $15,375, paid to them by the plaintiffs, for fifteen bonds, purporting'to be first mortgage bonds of the Central Pacific Railroad Company, and which subsequently proved to be coun terfeit. The court below found the following facts: — 1. On the twenty-fourth day of May, 1871, Newman & Havens, bankers, of Leavenworth, Kansas, telegraphed to St. Louis from Leavenworth to W. Nichols, cashier of the Commercial Bank of St. Louis, as follows: — “ Get…
1Opinion of the CourtJustice Swayne
This is an action at law* brought by the plaintiffs in error. The case was submitted to the court without the intervention of a jury, pursuant to the act of Congress of March 3, 1865, 13 Stat. 501.
The court found specially.
The question- presented for our determination is whether tlie facts found are sufficient to support the judgment. Those facts are neither voluminous jior complicated.
On the 24th of May, 1871, Newman & Havens, bankers, of Leavenworth, telegraphed to Nichols, the cashier of the Commercial Bank of St. Louis, to “ get rate for $15,000 California Central Pacific Railroad bonds,…
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