Schuler v. Israel
U.S. Circuit Court for the District of Eastern Missouri
At Law. Consolidated eases. Suits on check drawn and note made by J. N. Israel in the name of C. W. Israel & Go. Demurrers to answers of Israel and the Laclede Bank, garnishee. The facts, as they appear from the pleadings, are substantially as follows: At the time of the transactions here involved, J. N. Israel. did a banking business at Hamilton, Texas, under the name of C. W. Israel & Co., and at Harold and Wichita Falls, Texas, under the name of the Exchange Bank.
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At Law. Consolidated eases. Suits on check drawn and note made by J. N. Israel in the name of C. W. Israel & Go. Demurrers to answers of Israel and the Laclede Bank, garnishee. The facts, as they appear from the pleadings, are substantially as follows: At the time of the transactions here involved, J. N. Israel. did a banking business at Hamilton, Texas, under the name of C. W. Israel & Co., and at Harold and Wichita Falls, Texas, under the name of the Exchange Bank. Each of his three banks had a separate account with the Laclede Bank of St. Louis, Missouri. On October 20, 1885, the amounts…
1Opinion of the CourtBrewer, J.
As counsel desire a speedy decision, that judgment may be entered the present term, and the cases taken,- together with the equity cases heretofore decided by me, (Schuler v. Laclede Bank, 27 Fed. Rep. 424,) together to the suprenfe court, I simply state my conclusions:
*8531..Judgment having been rendered in the United States circuit court for the Eastern district of Texas on the note sued on, no judgment can be entered here upon the same cause of action. Ereem. Judgm. § 221, and cases cited.
2. No objection being raised, personal judgment will go on the check.
3. The assignment is valid under the…
2Cases cited3 opinions
- Chafee v. Fourth National BankSupreme Judicial Court of Maine · 1880
- In re Paige & Sexsmith Lumber Co.Supreme Court of Minnesota · 1883
- Richardson v. Rogers ex rel. HitchcockMichigan Supreme Court · 1881
3Cited by2 opinions
- Schroder v. TompkinsU.S. Circuit Court for the District of Indiana · 1893
- Galbraith v. KlineDistrict Court, D. Montana · 1925