Merchants'-Laclede Nat. Bank v. Schade

Eighth Circuit

Merchants'-Laclede Nat. Bank v. Schade

195 F. 199, 1912 U.S. App. LEXIS 1361

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 27, 1912

DocketNo. 3,669 (116)

StatusPublished

This text of 195 F. 199 (Merchants'-Laclede Nat. Bank v. Schade) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Merchants'-Laclede Nat. Bank v. Schade, 195 F. 199, 1912 U.S. App. LEXIS 1361 (8th Cir. 1912).

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Opinion

CARLAND, Circuit Judge.

This case is here on appeal and original petition. As we have heard the ease on the appeal, the petition, No. 116, will be dismissed. The facts appearing in this case do not differ to such an extent from those in No. 3,665, Sturdivant Bank v. Schade, Trustee, 195 Fed. 188, just decided, as to require a separate statement. The facts are fully stated in our opinion in the above case, and our views as to the law applicable thereto are fully discussed. It would serve no useful purpose to repeat what we have [200]*200there said. The principles of law announced in the Sturdivant Bank Case require the reversal of the judgment in this ease. The decree of the trial court is therefore reversed, with instruction to that court to allow the claim of the Merchants’-Laclede National Bank as a secured claim, and to proceed with reference thereto as law and justice may require; and it is so ordered.

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CARLAND, Circuit Judge.

This case is here on appeal and original petition. As we have heard the ease on the appeal, the petition, No. 116, will be dismissed. The facts appearing in this case do not differ to such an extent from those in No. 3,665, Sturdivant Bank v. Schade, Trustee, 195 Fed. 188, just decided, as to require a separate statement. The facts are fully stated in our opinion in the above case, and our views as to the law applicable thereto are fully discussed. It would serve no useful purpose to repeat what we have [200]*200there said. The principles of law announced in the Sturdivant Bank Case require the reversal of the judgment in this ease. The decree of the trial court is therefore reversed, with instruction to that court to allow the claim of the Merchants’-Laclede National Bank as a secured claim, and to proceed with reference thereto as law and justice may require; and it is so ordered.

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195 F. 199, 1912 U.S. App. LEXIS 1361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchants-laclede-nat-bank-v-schade-ca8-1912.

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