Smith v. National Bank of D. O. Mills & Co.
U.S. Circuit Court for the District of Northern California
At Law. Action by Bertha Smith against the National.Bank o£ D. O. Mills & Co. This is an action to recover from the defendant, a corporation doing a general banking business at the city of Sacramento, in this state, the amount of a draft delivered to it by flie plaintiff for collection. The material facts are these: Plaintiff, a resident of Nevada, had funds on deposit with the State Bank & Trust Company, a Nevada corporation, at Tonopah, in that state.
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At Law. Action by Bertha Smith against the National.Bank o£ D. O. Mills & Co. This is an action to recover from the defendant, a corporation doing a general banking business at the city of Sacramento, in this state, the amount of a draft delivered to it by flie plaintiff for collection. The material facts are these: Plaintiff, a resident of Nevada, had funds on deposit with the State Bank & Trust Company, a Nevada corporation, at Tonopah, in that state. Being temporarily in Sacramento, and desiring to draw upon the fond in the Tonopah bank, plaintiff, being ignorant of banking methods, on…
1Opinion of the CourtVan Fleet, District Judge
(after stating the facts as above). [1] Aside from some minor considerations urged upon the attention of the court, which are not deemed material, the case turns upon the question whether the intermediary, the Reno bank, through whose action the failure to collect the draft manifestly resulted, is to be regarded as the agent or representative in the transaction of the defendant, or as that of the plaintiff. If it was the agent of the defendant, then the latter is responsible for its acts, and liable for the loss suffered by plaintiff through its dereliction. If, on the other hand, it is to be…
2Cases cited8 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Hoover v. WiseSupreme Court of the United States · 1876
- Moore v. United StatesSupreme Court of the United States · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Luckehe v. First Nat. Bk. of MarysvilleCalifornia Supreme Court · 1924
- Dahl-Beck Electric Co. v. RoggeCalifornia Court of Appeal · 1969
- Pond Creek Mill & Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1920
- First Nat. Bank of Denver v. Federal Reserve Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1925
- Lynch Jewelry Co. v. BassSupreme Court of Alabama · 1929
3 more not listed; retrieve them via the Exa API.