First Nat. Bank of Graham, Va. v. Weitzel

Decision Date06 February 1917
Docket Number2895.
Citation239 F. 497
PartiesFIRST NAT. BANK OF GRAHAM, VA., v. WEITZEL et al.
CourtU.S. Court of Appeals — Sixth Circuit

J. S Hays, of Winchester, Ky., for appellant.

H. C Hazlewood, of London, Ky., for appellees.

Before KNAPPEN and DENISON, Circuit Judges, and HOLLISTER, District judge.

DENISON Circuit Judge.

The Bank of Graham, Va., sought to recover against the Bank of London, Ky. (Weitzel, receiver), upon an indorsement placed by the cashier of the London Bank upon the promissory note of one Calhoun, before maturity and before the note was sold to the Graham Bank, which indorsement read:

'Pay to the order of any bank or banker. All previous indorsements guaranteed.

First National Bank of London, Kentucky.'

A jury was waived, and the case was tried before the District Judge. Findings of fact and law were requested, but were not made except as a careful opinion embodied the views of the judge upon the facts and the law. Judgment was entered for the defendant.

An opinion cannot take the place of findings (Mason v. Smith (C.C.A. 6) 191 F. 502, 112 C.C.A. 146); but we are inclined to overlook any such question, and treat the record as if it clearly preserved the right to urge in this court the proposition that the undisputed evidence imperatively required a judgment for plaintiff. Further than that we cannot go.

The undisputed facts are that the note in question belonged to the payee, Holliday, living at London; that he desired to sell it, and indirectly engaged, as his agents for this purpose, a firm of attorneys at Keystone, Va., where Calhoun the maker, was engaged in large business enterprises; that these attorneys interested the cashier of the Graham Bank in the purchase enough so that he desired that the note be sent on for inspection and possible purchase; that the Keystone attorneys wrote to Holliday, asking him to send the note to them for inspection, and for sale if they could find a purchaser at a stated price; that thereupon Holliday took the note and the letter from these attorneys to the London Bank, and requested it to forward the note pursuant to the attorneys' request. The note then had been indorsed in blank by Holliday. It was thought best to send the note through another bank, and so the London Bank sent it to the Keystone Bank, accompanied by the attorneys' letter, with instructions to deliver the note upon receipt of the agreed price. In this connection the cashier of the London Bank stamped upon the...

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1 cases
  • Philadelphia Nat. Bank v. Fulton Nat. Bank
    • United States
    • U.S. District Court — Panama Canal Zone
    • March 28, 1928
    ...or only an agent for collection, and to charge all persons with the knowledge that would have been gotten by inquiry. First National Bank v. Weitzel (C. C. A.) 239 F. 497. If the truth be that the indorsee was not a purchaser, but only an agent for collection, of course the consequences fol......

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