Metropolitan National Bank v. Merchants' National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. We take the following statement of facts from the opinion of the Appellate Court: “February 7, 1894, the Flour City National Bank of Minneapolis, by its cashier, A. A. Crane, for the sum of $35.10 to it then paid, drew and delivered its draft for $35 to Frank H. Harper, payable to his order and directed to appellee. The draft was also perforated ‘$35$. ’ February 13, 1894, this draft, changed in amount to $3500 and perforated…
1Opinion of the CourtJustice Phillips
Where a check or draft drawn upon a bank has been fraudulently raised or altered after it was drawn, the rule is well settled that money which has been paid by a bank upon such a fraudulently raised or altered check may be recovered back from the party to whom it was paid, in an action for money had and received, on the ground that the payment was without consideration and made by mistake. The fact that the bank on which it was drawn has certified the check after the change has been made is not conclusive ag'ainst such bank, nor does it preclude it from showing the fact of such alteration,…
2Cases cited11 opinions
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Higgins v. . MooreNew York Court of Appeals · 1866
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Boyden v. President of the BankSupreme Court of North Carolina · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Walker & Brock v. D. W. Ranlett Co.Supreme Court of Vermont · 1915
- State Ex Rel. Rankin v. Banking Corp.Montana Supreme Court · 1925
- Continental National Bank v. Metropolitan National BankAppellate Court of Illinois · 1903
- Wells Fargo Bank & Union Trust Co. v. Bank of ItalyCalifornia Supreme Court · 1931
- Citizens' Bank v. Commercial Sav. BankSupreme Court of Alabama · 1923
6 more not listed; retrieve them via the Exa API.