Neal v. Coburn
Supreme Judicial Court of Maine
Agreed Statement. Assumpsit to recover two hundred and fifty dollars paid by the plaintiffs to the defendant for a check which was found to be a forgery, and of which the following is a copy:— g £ d g g £ $250. Pay to Dollars. Boston, June 19, 1895. Bay State Trust Company J. W. Crewe or order Two Hundred and Fifty H. C. Haven.
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Agreed Statement. Assumpsit to recover two hundred and fifty dollars paid by the plaintiffs to the defendant for a check which was found to be a forgery, and of which the following is a copy:— g £ d g g £ $250. Pay to Dollars. Boston, June 19, 1895. Bay State Trust Company J. W. Crewe or order Two Hundred and Fifty H. C. Haven. No. 1000. [indorsements.] J. W. Crew, E. F. Coburn, Neal & Quimby, Furbish, Butler & Oakes, Plea, general issue and brief statement of special matter of defense that if defendant ever did promise, etc., he, the defendant was relieved and discharged from all liability…
1Opinion of the CourtEmery, J.
Haven was a depositor in the Bay State Trust Company, a bank in Boston. A written instrument purporting to be his check upon that bank, payable to Crew or order, was by Crew indorsed for value to Coburn, the defendant. Coburn indorsed it for value to Neal and Quimby. That firm indorsed it for value to Furbish, Butler & Oakes. The latter firm indorsed it for collection to the Phillips National Bank. The Phillips Bank indorsed it for colle'ction to the Commonwealth Bank of Boston, which bank presented it for payment through the clearing house to the Bay State Trust Company, the bank upon which…
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