Melville Fuller

“ By exceptions to the admission of certain testimony taken on the trial, and by the assignment of errors in the supreme court, plaintiff in error raised the point that, under the statutes of the United States in respect of national banks, it was not within its power to become the agent of defendant in error to sell the notes in question to a third person, and not within the power of its cashier, who conducted the transaction, to bind the bank by such contract of agency. ”

“ In an action against the bank, its defense was, in part, that, by reason of want of authority to make the alleged agreement and purchase, it could not be held liable for the bonds, on any ground whatever. ”

“ But, instead of doing this, the bank, according to Anderson, had undertaken to purchase the notes itself, and had not accounted for their value.
The cause was tried four times, and four times carried to the supreme court of North Dakota. 4 N. D. 182, 59 N. W. 1029; 5 N. D. 80, 64 N. W. 114; 5 N. D. 451, 67 N. W. 821; 6 N. D. 497, 72 N. W. 916. On the fourth appeal, a judgment in favor of Anderson was affirmed by the supreme court, and this writ of error to revise it was allowed, which defendant in error now moves to dismiss, or, if that motion is not sustained, that the judgment be affirmed. ”