Melville Fuller

“ The appellate court reviewed the judgment of the superior court for errors committed on the trial, and, finding none, affirmed it, and the supreme court affirmed the judgment of the appellate court; and, if no such claims were set up in the trial court, the supreme court, in approving the affirmance of its judgment by the appellate court, could not be held to have decided against a claim with which the trial court had not been called upon to deal. ”

“ The contention of plaintiff in error is that the state court decided 'either-First, that the cashier, Braden, by virtue of his office, had, under the laws of the United States regulating national banks, implied authority to borrow money in the name of the defendant, and bind it to repayment thereof ”