Pensacola State Bank v. Merchants' & Farmers' Bank of Brookhaven

Fifth Circuit

Pensacola State Bank v. Merchants' & Farmers' Bank of Brookhaven

183 F. 1022, 105 C.C.A. 664, 1911 U.S. App. LEXIS 4474

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 7, 1911

DocketNo. 2,129

StatusPublished

This text of 183 F. 1022 (Pensacola State Bank v. Merchants' & Farmers' Bank of Brookhaven) 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.

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Pensacola State Bank v. Merchants' & Farmers' Bank of Brookhaven, 183 F. 1022, 105 C.C.A. 664, 1911 U.S. App. LEXIS 4474 (5th Cir. 1911).

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Opinion

PER CURIAM.

So far as this is a suit to recover for money had and received, or, on the other hand, for money expended and paid out for defendant’s account, the plaintiff has no case. If the Pensacola State Bank lost money through the transactions set forth,, it was by and through the conduct of its own trusted employé, and no sufficient showing is made to warrant a transfer of the loss to the defendant. So far as the case is based upon bookkeeping alone, it has no merit. The judgment of the Circuit Court is affirmed.

For opinion below on motion for new trial, see 180 Fed. 504.

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PER CURIAM.

So far as this is a suit to recover for money had and received, or, on the other hand, for money expended and paid out for defendant’s account, the plaintiff has no case. If the Pensacola State Bank lost money through the transactions set forth,, it was by and through the conduct of its own trusted employé, and no sufficient showing is made to warrant a transfer of the loss to the defendant. So far as the case is based upon bookkeeping alone, it has no merit. The judgment of the Circuit Court is affirmed.

For opinion below on motion for new trial, see 180 Fed. 504.

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183 F. 1022, 105 C.C.A. 664, 1911 U.S. App. LEXIS 4474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pensacola-state-bank-v-merchants-farmers-bank-of-brookhaven-ca5-1911.

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