First Nat. Bank v. Eason

Fifth Circuit

First Nat. Bank v. Eason

149 F. 204, 79 C.C.A. 162, 1906 U.S. App. LEXIS 4459

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 29, 1906

DocketNo. 1,597

StatusPublished

Cited by3 cases

This text of 149 F. 204 (First Nat. Bank v. Eason) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank v. Eason, 149 F. 204, 79 C.C.A. 162, 1906 U.S. App. LEXIS 4459 (5th Cir. 1906).

Pincite

Opinion

PER CURIAM.

The appellant has two obligations of the bánkrupt, one is on a note of $15,000, of which the bankrupt was maker, the other is on an indorsement on a forged note for $15,000, given as [205]*205collateral to secure the first-mentioned note. The' appellant seeks to prove both obligations against the bankrupt’s estate. There was only-one consideration, really only one debt, and the appellant is entitled to only one satisfaction. The payment of either obligation would extinguish the other. The District Court held that the appellant could not prove both and thus establish a double liability against the bankrupt’s estate.

The decree appealed from is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant has two obligations of the bánkrupt, one is on a note of $15,000, of which the bankrupt was maker, the other is on an indorsement on a forged note for $15,000, given as [205]*205collateral to secure the first-mentioned note. The' appellant seeks to prove both obligations against the bankrupt’s estate. There was only-one consideration, really only one debt, and the appellant is entitled to only one satisfaction. The payment of either obligation would extinguish the other. The District Court held that the appellant could not prove both and thus establish a double liability against the bankrupt’s estate.

The decree appealed from is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

149 F. 204, 79 C.C.A. 162, 1906 U.S. App. LEXIS 4459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-v-eason-ca5-1906.

Opinion

Related

Cite This Page — Counsel Stack