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BANK OF LEAVENWORTH v. HUNT

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78 U.S. 391 (1871)

11 Wall. 391

20 L.Ed. 190

BANK OF LEAVENWORTH, v. HUNT, ASSIGNEE.

Supreme Court of United States.

May 1, 1871.

Attorney(s) appearing for the Case

Messrs. Sherry and Helm, for the plaintiffs in error; Messrs. Stillings and Wheat, contra.

Mr. Justice FIELD, after stating the case, delivered the opinion of the court, as follows:

The question presented for our consideration arises upon the refusal of the Circuit Court to give the instruction prayed; and it is one easily answered. It would have been error to have given the instruction, for it assumes that there was an original valid agreement between the parties that the plaintiffs should deliver to the bank the...

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