Wind v. Fifth National Bank
Missouri Court of Appeals
Appeal from the St. Louis Oity Circuit Court. — Hon. Daniel D. Fisiier, Judge. (1) The court erred in giving instructions which imposed no duty on the respondent to notify the bank of the alleged forged endorsements on the checks or to object to them until he actually knew that the endorsements were forged, and also in refusing to give instructions asked for by the appellants imposing a duty on respondent of diligence in discovering the forgery of endorsements, and notifying…
Read the full summary
Appeal from the St. Louis Oity Circuit Court. — Hon. Daniel D. Fisiier, Judge. (1) The court erred in giving instructions which imposed no duty on the respondent to notify the bank of the alleged forged endorsements on the checks or to object to them until he actually knew that the endorsements were forged, and also in refusing to give instructions asked for by the appellants imposing a duty on respondent of diligence in discovering the forgery of endorsements, and notifying the bank of such forgery. Bank r>. Morgan, 117 U. S. 96; Weinstein v. Bank, 69 Texas, 38; Hardy Bros. ». Bank, 51 Md.…
1Opinion of the CourtThompson, J.
This action- is brought by the customer of a bank to recover a balance of twenty-two hundred and two dollars and twenty-three cents, alleged to be due him as a depositor in the bank. The controversy between the plaintiff and the defendant grows out of the fact that four checks of the aggregate amount of twenty-two hundred dollars, drawn by the plaintiff against his funds in the bank in favor of various parties, were delivered by the plaintiff to one St. Maur, a co-adventurer with the plaintiff in certain speculations in railway vouchers, to be delivered by St. Maur to the payees named in the…
2Cases cited20 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Cooke v. United StatesSupreme Court of the United States · 1875
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- V. H. Juerling & Sons, Inc. v. First National BankIndiana Court of Appeals · 1968
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Houseman-Spitzley Corp. v. American State BankMichigan Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.