Legal Opinion

Cady v. South Omaha National Bank

Nebraska Supreme Court

Decided January 21, 1896No. 6173PublishedCited by 49 opinions

Appeal from the district court of Douglas county. Heard below before Irvine, J. See opinion for statement of the case. Gillespie v. Union Stock Yards Nat. Bank, 41 Fed. Rep., 231, 137 U. S., 411. The bank did all that could be required of it in reference to the drafts. Had the bank paid the drafts contrary to the orders of Fitch, it would have been liable to him. (Marzetti v. Williams, 1 B. & Ad. [Eng.], 415; Patterson v. Marine Nat. Bank, 18 Atl. Rep. [Pa.], 632; First Nat.

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Appeal from the district court of Douglas county. Heard below before Irvine, J. See opinion for statement of the case. Gillespie v. Union Stock Yards Nat. Bank, 41 Fed. Rep., 231, 137 U. S., 411. The bank did all that could be required of it in reference to the drafts. Had the bank paid the drafts contrary to the orders of Fitch, it would have been liable to him. (Marzetti v. Williams, 1 B. & Ad. [Eng.], 415; Patterson v. Marine Nat. Bank, 18 Atl. Rep. [Pa.], 632; First Nat. Bank v. Mason, 95 Pa. St., 113; Fonner v. Smith, 31 Neb., 107; Martin v. Roche, 53 L. T. n. s. [Eng.], 946; Levy v.…

1Opinion of the CourtPost, C. J.

This is an equitable proceeding instituted by the appellant, Addison E. Cady, in the district court for Douglas county, against the appellee, the South Omaha National Bank, to enforce an accounting by the latter for the proceeds of a car load of hogs, by the plaintiff consigned to William Fitch at South Omaha under the name and style of William Fitch & Co. The facts essential to an understanding of the questions involved are as follows:

On the 20th day of June, 1888, the First National Bank of St. Paul, Nebraska, of which the appellant was president, addressed to the appellee the following…

2Cases cited16 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
  3. Van Alen v. . American National BankNew York Court of Appeals · 1873
  4. Baker v. New York National Exchange BankNew York Court of Appeals · 1885
  5. Burtnett v. First National BankMichigan Supreme Court · 1878

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3Cited by49 opinions

  1. Smith v. Des Moines National BankSupreme Court of Iowa · 1899
  2. State v. HillNebraska Supreme Court · 1896
  3. Steere v. Stockyards National BankTexas Supreme Court · 1923
  4. Gillen v. Wakefield State BankMichigan Supreme Court · 1929
  5. Arnold v. San Ramon Valley BankCalifornia Supreme Court · 1921

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

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