Monticello Bank v. Bostwick
U.S. Circuit Court for the District of Nebraska
Submitted on special findings of fact returned by jury, as follows: The Monticello Bank vs. Bostwiek and Dixon, Copartners.
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Submitted on special findings of fact returned by jury, as follows: The Monticello Bank vs. Bostwiek and Dixon, Copartners. We, the jury in the above case, by the direction of the court, and with the consent of the parties hereto, make and return a special verdict in said ease upon the facts, finding as follows: (1) The plaintiff is a banking corporation created under the Jaws of the state of Iowa, at the town of Monticello, Jones county, Iowa, and was such in June, 1892. (2) The defendants are citizens of Nebraska, residing at Omaha, Nebraska, and engaged in business as a firm as note…
1Opinion of the Court
SHIRAS, District Judge.
Counsel for the adversary parties in this case are agreed upon the general proposition that in sales of personal property there is an implied warranty of title upon part of the vendor, and that this implied warranty covers cases of sales of . notes or other commercial paper wherein it appears that the names attached to the paper are not genuine, but are false and forged. In other words, one who offers for sale and sells commercial paper, purporting to be the obligation of A., is held to warrant the genu- ' ineness of the paper, and, if it proves that the paper, though…
2Cases cited8 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Mills v. HuntNew York Supreme Court · 1838
- Post v. PearsonSupreme Court of the United States · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
- Fernandina Shipbuilding & Dry Dock Co. v. PetersDistrict Court, S.D. Florida · 1922
- Monticello Bank v. BostwickCourt of Appeals for the Eighth Circuit · 1896