National Bank of Commerce v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by the United States against the. National Bank of Commerce. There was a judgment for the United States, and defendant brings error. During the years 1907, 1908, and 1909 ohe M. P. McCoy was an examiner of surveys and special disbursing agent for the Interior Department of the United States.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by the United States against the. National Bank of Commerce. There was a judgment for the United States, and defendant brings error. During the years 1907, 1908, and 1909 ohe M. P. McCoy was an examiner of surveys and special disbursing agent for the Interior Department of the United States. While McCoy was such examiner and disbursing agent, plaintiff (defendant in error here) caused to be deposited with the National Bank of Commerce (plaintiff…
1Opinion of the CourtWouverton, District Judge
(after stating the facts as above).
[1 ] This is the second appeal. Counsel for appellant here say:
“We again desire to present our contention that the cheeks in question were in legal effect negotiable instruments, payable to bearer, and that no liability resulted to the defendant bank in paying the checks as they did, even though the money was in the end misappropriated by McCoy to his own use.”
And they rely upon the provision of 2 Rem. & Bal. Code, § 3400, subd. 3, which reads:
“A bill of exchange is payable to bearer: ‘When it is payable to the order of a fictitious or monexisting person,…
2Cases cited12 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Roberts v. CooperSupreme Court of the United States · 1858
- United States v. National Exchange Bank of ProvidenceSupreme Court of the United States · 1909
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southern Pac. Co. v. GuthrieCourt of Appeals for the Ninth Circuit · 1951
- Norton v. City Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1923
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- Northern Pac. Ry. Co. v. Van Dusen Harrington Co.Court of Appeals for the Eighth Circuit · 1932
- Lonergan v. United StatesCourt of Appeals for the Ninth Circuit · 1937
12 more not listed; retrieve them via the Exa API.