Bank of Jasper v. First Nat. Bank of Rome

Citations

• 258 U.S. 112
• 42 S. Ct. 202
• 66 L. Ed. 490
• 1922 U.S. LEXIS 2246

Syllabus

<p>1. Under the law of Florida, an appeal to the State Supreme Court,' taken solely to review an interlocutory order overruling a motion ' to quash a pretended service by publication for want of jurisdiction, does not operate as a general appearance. P. 117.</p> <p>2. By an arrangement between a corporation, its agent and a bank, purchasers of the corporation’s shares were allowed to discount their notes at the bank, the resulting credits were transferred by the bank to the account of the agent in payment for the shares, and negotiable certificates of deposit were issued by the bank to the agent. Held that the certificates of deposit did not represent funds in the bank which as res could sustain service by publication upon a nonresident purchaser of the certificates in suits brought by the shareholders in the state court against such purchaser, the bank, the- vendor corporation and its agent to have the proceeds of the notes impressed with a trust in plaintiffs’ favor and annul their purchases and notes and the certificates on the ground of fraud in selling the shares; and that judgments based on such service, were void. P. 118.</p>