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 Court 1
94 U.S. 29 (1876)
UTLEY
v.
DONALDSON.
Supreme Court of United States.
Mr. Charles M. Da Costa for the plaintiffs in error.
Mr. William Patrick, contra.
2Opinion of the Court · SwayneJustice 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 the facts found are sufficient to support the judgment. Those facts are neither voluminous nor complicated.
On the 24th of May, 1871, Newman & Havens, bankers, of Leavenworth,…
Also in this document: Dissent.
3Cases cited9 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Coles v. BowneNew York Court of Chancery · 1844
- Webb v. . OdellNew York Court of Appeals · 1872
- Hazard v. New England Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1832
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