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Exchange Nat'l Bank Vs. Third Nat'l Bank
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- US Supreme Court
- Nov 24, 1884
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Exchange Nat'l Bank v. ThirdSearch
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Nat'l Bank - 112 U.S. 276 (1884) U.S. Supreme Court Exchange Nat'l Bank v. ThirdSearch
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Nat'l Bank, 112 U.S. 276 (1884) Exchange National Bank of Pittsburgh v. ThirdSearch
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having been used in selecting that bank. Such would be the result of the rule established in Massachusetts, Fabens v. MercantileSearch
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Dorchester Bank v. NewSearch
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in Maryland, Jackson v. UnionSearch
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in Connecticut, Lawrence v. StoningtonSearch
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East Haddam Bank v. ScovillSearch
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in Missouri, Daly v. Butchers'Search
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in Illinois, Aetna Insurance Co. v. AltonSearch
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in Tennessee, Bank of Louisville v. FirstSearch
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in Iowa, Guelich v. NationalSearch
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and in Wisconsin, Stacy v. DaneSearch
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the absence of any express or implied contract varying such liability, is established by decisions in New York, Allen v. Merchants'Search
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Brief any citation in this list with AI Studio
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Bank of Orleans v. SmithSearch
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Montgomery County Bank v. AlbanySearch
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Commercial Bank v. UnionSearch
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Ayrault v. PacificSearch
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in New Jersey, Titus v. Mechanics'Search
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in Pennsylvania, Wingate v. Mechanics'Search
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in Ohio, Reeves v. StateSearch
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and in Indiana, Tyson v. StateSearch
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Bank, 6 Blackford 225. It has been so held in the Second Circuit, in Kent v. DawsonSearch
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Bank, 13 Blatchford 237, and the same view is supported by Taber v. PerrotSearch
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Gall. 565, and by the English cases of Van Wart v. WoolleySearch
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B. & C. 439, and Mackersy v. RamsaysSearch
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whom and himself no privity existed. The question under consideration was not presented in Bank of Washington v. TriplettSearch
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the negligence alleged was the negligence of its own officers in the place where the bank was situated. In Hoover v. WiseSearch
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In the opinion of the Court it is said that the case falls within the decisions in the above-mentioned cases of Reeves v. StateSearch
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Mackersy v. RamsaysSearch
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Bank, 11 N.Y. 203, and Allen v. Merchants'Search
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responsible for the knowledge of the attorney in Nebraska. The court then cites as a case in point Bradstreet v. EversonSearch
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for the negligence Page 112 U. S. 284 of its agent at Memphis. It also cites, as to the same purport, Lewis v. PeckSearch
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Ala. 142, and Cobb v. BeckeSearch
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plaintiff. It that be so, and the defendant is not liable, the plaintiff is without remedy. The case of Britton v. NiccollsSearch
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The court then refers to the case of Allen v. Merchants'Search
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has been adopted in Ohio, it has been generally rejected in the courts of other states. The case of Dorchester Bank v. NewSearch
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in evidence in the courts as if the notary were a witness, and, as the courts of that state had held, Tiernan v. CommercialSearch
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Agricultural Bank v. CommercialSearch
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Bowling v. ArthurSearch
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duties prescribed by statute, and has no application to the case at bar. No reference was made to the case of Hoover v. WiseSearch
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of the liability of the defendant is to be determined on principles not involved in the actual decision in Britton v. NiccollsSearch
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facts to the contrary, so that the collection of the paper cannot be regarded as a gratuitous favor. Smedes v. BankSearch
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McKinster v. BankSearch
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to all who contract to perform a service. It is illustrated by the decision of the Court of King's Bench, in Ellis v. TurnerSearch
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object, by whomsoever used. We regard as the proper rule of law applicable to this case, that declared in Van Wart v. WoolleySearch
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is liable to the Page 112 U. S. 291 owner for all damages he has sustained by such negligence. Allen v. SuydamSearch
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Walker v. BankSearch
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U.S. Supreme Court Exchange Nat'l Bank v. ThirdSearch
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