United States Supreme Court Cases & Opinions

U.S. Supreme Court

First National Bank of Grand Forks v. Anderson, 172 U.S. 573 (1899)

First National Bank of Grand Forks v. Anderson

No. 228

Submitted January 3, 1899

Decided January 28, 1899

172 U.S. 573

Syllabus

The motion in this case to dismiss or affirm was founded upon the allegation that the judgment of the supreme court of the state rested on two grounds, one of which, broad enough in itself to sustain the judgment, involved no federal question. This Court, while declining to sustain the motion to dismiss, holds that there was color for it, and takes jurisdiction of the motion to affirm.

A national bank which, being authorized by the owner of notes in its possession to sell them to a third party, purchases them itself and converts them to its own use, is liable to their owner for their value, as for a conversion, even though it was not within its power to sell them as the owner's agent.

This was a motion to dismiss or affirm. The case is stated in the opinion.