Exchange Bank v. Hubbard
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New- York. This was an action by the Exchange Bank, against Samuel T. Hubbard and others, doing business under the firm name of Hub-hard, Price & Co., for the amount of certain hills of exchange. A demurrer to the complaint was overruled (58 Fed. 530), but at the trial the judge directed the jury to find a verdict for defendants, and judgment for defendants was entered thereon.
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In Error to the Circuit Court of the United States for the Southern District of New- York. This was an action by the Exchange Bank, against Samuel T. Hubbard and others, doing business under the firm name of Hub-hard, Price & Co., for the amount of certain hills of exchange. A demurrer to the complaint was overruled (58 Fed. 530), but at the trial the judge directed the jury to find a verdict for defendants, and judgment for defendants was entered thereon. Plaintiff brought- error.
1Opinion of the Court
WALLACE, Circuit Judge.
The plaintiff in the court below brings this writ of error to review a judgment for the defendants *113entered upon the verdict of a jury. The principal question presented by the assignments of error is whether the trial judge erred in instructing the jury to render the verdict..
It appeared upon the trial that the plaintiff, a bank doing business at Yorkville, S. C., cashed certain drafts drawn by the firm of Hope & Co., of that place, upon the defendants, the Arm of Hubbard, Price & Oo., cotton merchants doing business at New York City. The evidence authorized the jury to…
2Cases cited15 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Ford v. WilliamsSupreme Court of the United States · 1858
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
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3Cited by11 opinions
- Darling Stores Corporation v. Young Realty Co.Court of Appeals for the Eighth Circuit · 1941
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- Hogue-Kellogg Co. v. G. L. Webster Canning Co.Court of Appeals for the Fourth Circuit · 1927
- Lincoln Joint Stock Land Bank v. BextenNebraska Supreme Court · 1933
- P. N. Gray & Co. v. CavalliotisDistrict Court, E.D. New York · 1921
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