Legal Opinion

Union National Bank v. Louisville, New Albany & Chicago Railway Co.

Supreme Court of the United States

Decided May 18, 1896No. 254PublishedCited by 16 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. On September 17, 1890, plaintiff in error, plaintiff below, loaned the defendant $150,000, taking its note therefor, secured by collateral. The note was discounted at the rate of six per cent. The note having been paid, the plaintiff, on October 12,1891, commenced its action in the Circuit Court of Cook County to recover upon a parol agreement for further compensation.

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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. On September 17, 1890, plaintiff in error, plaintiff below, loaned the defendant $150,000, taking its note therefor, secured by collateral. The note was discounted at the rate of six per cent. The note having been paid, the plaintiff, on October 12,1891, commenced its action in the Circuit Court of Cook County to recover upon a parol agreement for further compensation. The case came on for trial in that court, and a jury being waived the following facts were admitted by stipulation: “ On or about September 17, 1890, William L. Breyfogle,…

1Opinion of the CourtJustice Bbeweb

At the outset we are met with the question whether this court has jurisdiction. In Eustis v. Bolles, 150 U. S. 361, 366, it was held:

“ It is likewise settled law that, where the record discloses that if a question has been raised and decided adversely to a party claiming the benefit of a provision of the Constitution or laws of the United States, another question, not Federal, has been also raised and decided against such party, and the decision of the latter question is sufficient, notwithstanding the Federal question, to sustain the judgment, this court will not review the judgment.”

Plaintif…

2Cases cited2 opinions

  1. Eustis v. BollesSupreme Court of the United States · 1893
  2. Miller's Executors v. SwannSupreme Court of the United States · 1893

3Cited by16 opinions

  1. Plummer v. ColerSupreme Court of the United States · 1900
  2. Greenwood Trust Company v. Commonwealth of MassachusettsCourt of Appeals for the First Circuit · 1992
  3. Evans v. National Bank of SavannahSupreme Court of the United States · 1919
  4. First National Bank in Mena, Cross-Appellee v. Jack A. Nowlin, Cross-AppellantCourt of Appeals for the First Circuit · 1975
  5. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913

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