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GIBSON v. STEVENS

49 U.S. 384 (1850)

8 How. 384

EDMUND T.H. GIBSON, PLAINTIFF IN ERROR, v. BRADFORD B. STEVENS, DEFENDANT.

Supreme Court of United States.

Attorney(s) appearing for the Case

It was argued by Mr. Romeyn and Mr. Wood, for the plaintiff in error, and by Mr. Bright (in a printed argument), for the defendant in error.

Points for the Plaintiff.

I. The attachment was prematurely brought. Because, —

1. The loan of its bills by the bank to McQueen & McKay was on an express agreement for credit; which agreement, if procured by fraud, was not void, but voidable, by the bank at its option. Chitty on Cont. 678; Story on Sales, §§ 420, 447, and cases cited; Galloway v. Holmes, 1 Doug. (Mich.) 336; Rowley v. Bigelow...

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