Legal Opinion

State National Bank of Boston v. United States

United States Court of Claims

Decided December 15, 1874PublishedCited by 9 opinions

On the Proofs. The Reporters' statement of tbe case: The two cases of the State and Merchants’ National Banks of Boston were heard together. Each claimed pro forma to have held the title to the gold-certificates, but the suits were not adverse, that of the Merchants’ Bank being brought for greater precaution lest the title of the State Bank should not be sustained. The evidence was the same in both suits and the facts found substantially identical.

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On the Proofs. The Reporters' statement of tbe case: The two cases of the State and Merchants’ National Banks of Boston were heard together. Each claimed pro forma to have held the title to the gold-certificates, but the suits were not adverse, that of the Merchants’ Bank being brought for greater precaution lest the title of the State Bank should not be sustained. The evidence was the same in both suits and the facts found substantially identical. Much of the contest was as to matters of fact, and the following findings are an epitome of the evidence: Tlie court found the following facts :…

1Opinion of the Court

Dkake, Ch. J.,

delivered the opinion of the court:

Upon the facts as found in this case there can be no question that the delivery of the gold-certificates and gold coin by the cashier of the Merchants’ National Bank to the cashier of the State National Bank vested all the title of the former in the latter, as was held by the Supreme Court in Merchants’ Banlc v. State Banlc, (10 Wall., 604.) For the purposes of this case we need not inquire whether the property of the State Bank in the certificates was general or special; either is sufficient to enable it to assert, as against the United…

2Cases cited1 opinion

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871

3Cited by9 opinions

  1. Boughton v. United StatesUnited States Court of Claims · 1876
  2. First National Bank v. United StatesUnited States Court of Claims · 1880
  3. Thayer v. United StatesUnited States Court of Claims · 1885
  4. Caldwell v. United StatesUnited States Court of Claims · 1917
  5. Colman v. United StatesUnited States Court of Claims · 1903

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