Higgins v. Hayden
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Tibbets, J. Tbe opinion contains a statement of tbe case. Tbe draft Was not deposited for collection but for credit, and tbe only relation between tbe parties is that of debtor and creditor. (National Commercial Banlc v. Miller, 77 Ala. 168; St. Louis & S. F. R. Go. v. Johnston, 27 Fed. Rep. 243; Ditch v. Western Nat.
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Appeal from the district court of Lancaster county. Heard below before Tibbets, J. Tbe opinion contains a statement of tbe case. Tbe draft Was not deposited for collection but for credit, and tbe only relation between tbe parties is that of debtor and creditor. (National Commercial Banlc v. Miller, 77 Ala. 168; St. Louis & S. F. R. Go. v. Johnston, 27 Fed. Rep. 243; Ditch v. Western Nat. Banlc, 10 Banking L. J. 354.) The alleged insolvency of the bank affords the plaintiff no ground of action. (.Ralington v. Roberts, 25 Vi. 686; Patton v. Campbell, 70 111. 72; Smith v. Smith, 21 Pa. St. 367;…
1Opinion of the Court
Irvine, C.
The plaintiff, Higgins, was a customer and depositor of the Capita] National Bank of Lincoln, and on the morning of January 19, 1893, dreAV a bill.of exchange on George Burke & Frazier, of South Omaha, for $2,000, to the order of the bank, and tendered it to the teller, saying that he had checks outstanding Avhich would overdraw his account and that he desired credit for the draft. The teller referred him to the president of the' *63bank, wbo at first hesitated to allow credit for the draft, but on plaintiff’s informing him of the outstanding checks agreed to do so, saying: “Well, we…
2Cases cited6 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- American Trust & Savings Bank v. Gueder & Paeschke Manufacturing Co.Illinois Supreme Court · 1894
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3Cited by8 opinions
- Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
- Weimer v. AmenNebraska Supreme Court · 1990
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- National Bank of Commerce v. BossemeyerNebraska Supreme Court · 1917
- In Re RuskayCourt of Appeals for the Second Circuit · 1925
3 more not listed; retrieve them via the Exa API.