Byron v. First Nat. Bank
Oregon Supreme Court
From Douglas: Thomas J. Cleeton, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by Elizabeth Byron against the First National Bank of Bosebnrg, a corporation, to recover certain sums of money which plaintiff claimed to have loaned to the defendant bank.
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From Douglas: Thomas J. Cleeton, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by Elizabeth Byron against the First National Bank of Bosebnrg, a corporation, to recover certain sums of money which plaintiff claimed to have loaned to the defendant bank. The complaint alleges, in substance, that between about the 6th day of February, 1905, and about the 17th day of June, 1911, the said plaintiff was a customer and patron of the said defendant bank, and during said time deposited large sums of money with said bank, and from time to time checked out portions of the…
1Opinion of the CourtJustice McBride
The fact that plaintiff deposited $3,254.25 more in the defendant bank than she herself checked out is clear. The only question arising on this branch of the case is whether she authorized T. R. Sheridan individually to check out the money and lend or use it for himself, or whether she contracted to lend it to the bank. The evidence discloses the fact that Sheridan was president of the bank and active in its management; that when plaintiff transacted business with it she usually transacted it with Sheridan if he was present, but with the other employees in his absence. The plaintiff, a woman…
2Cases cited9 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Wyman v. WallaceSupreme Court of the United States · 1906
- Western National Bank v. ArmstrongSupreme Court of the United States · 1894
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3Cited by12 opinions
- United States Fidelity & Guaranty Co. v. Thomlinson-Arkwright Co.Oregon Supreme Court · 1943
- Smith v. Wallace National BankIdaho Supreme Court · 1915
- Salem King's Products Co. v. RampOregon Supreme Court · 1921
- Verrell v. First Nat. BankOregon Supreme Court · 1916
- Haines v. First Nat. BankOregon Supreme Court · 1918
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