New Orleans National Banking Ass'n v. Adams
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR-THE DISTRICT OF LOUISIANA. In equity. A firm doing business in Louisiana under the name of Tucker Brothers, on February 24th, 1860, made and delivered their promissory note of that date, for $5,000, payable February 15th, 1861, to the Bank of New Orleans, which afterwards, by virtue of the provisions of the “ act to provide a national currency,” etc., passed June 3d, 1864, became a national bank under the name of the New…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR-THE DISTRICT OF LOUISIANA. In equity. A firm doing business in Louisiana under the name of Tucker Brothers, on February 24th, 1860, made and delivered their promissory note of that date, for $5,000, payable February 15th, 1861, to the Bank of New Orleans, which afterwards, by virtue of the provisions of the “ act to provide a national currency,” etc., passed June 3d, 1864, became a national bank under the name of the New Orleans National Banking Association. Tucker Brothers, on the same day, executed three other notes, for $5,000, one of…
1Opinion of the CourtJustice Woods
It is conceded by counsel for complainant that the original mortgage made by Tucker Brothers, dated February 24th, 1860, and the decree rendered thereon in favor'-of the Bank of New Orleans by the District Court of the Parish of La Fourche, in June, 1867, were both extinguished by the sale, of the mortgaged premises to Cummings on September 7th, 1867.
But complainant insists that the agreement made by Cummings on the day last named, with the Bank of New Orleans and other parties entitled to the proceeds of the sale, constituted a mortgage, and that the same having, on September 12th, 1867,…
2Cases cited1 opinion
- John I. Adams & Co. v. DaunisSupreme Court of Louisiana · 1877
3Cited by10 opinions
- Hibernian Banking Ass'n v. DavisIllinois Supreme Court · 1920
- J. W. Pierson Co. v. FreemanSupreme Court of New Jersey · 1933
- First National Bank of Boston v. Larson (In Re Kennedy Mortgage Co.)United States Bankruptcy Court, D. New Jersey · 1982
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Talcott, Inc. v. ROTO AMERICAN CORP.New Jersey Superior Court Appellate Division · 1973
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