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GOLD MINING COMPANY V. NATIONAL BANK, 96 U. S. 640 (1877)

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U.S. Supreme Court

Gold Mining Company v. National Bank, 96 U.S. 640 (1877)

Gold Mining Company v. National Bank

96 U.S. 640

Syllabus

1. A defendant, sued by a national bank for moneys it loaned him, cannot set up as a bar that they exceeded in amount one-tenth part of its capital stock actually paid in.

2. Where an agent, without authority, borrows moneys in the name of his principal and the latter, when they have been applied to his use and payment is demanded of him, fails within a reasonable time thereafter to disavow the act of his agent, the jury is authorized to consider the principal as assenting to what was done in his name.

3. A juror in a civil action, who, on his voire dire, expresses an entire willingness as well as ability to accept the facts as they shall be developed by the evidence and return a verdict in accordance with them is not rendered incompetent by having previously conversed with a person about the case and received an impression in relation to the facts.

The facts are stated in the opinion of the Court.





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