Collins v. City National Bank & Trust Co.

The basic issue on this appeal may be stated as follows: Is a bank liable to its depositor in damages for his arrest and imprisonment on a charge of obtaining money under false pretenses, when it has erroneously and negligently returned his check to the bank which cashed it in the first instance with the notation “no account”? The defendant raised this issue by a motion to expunge, a demurrer, requests to charge, exceptions to the charge as delivered and a motion to set aside the verdict, but the fundamental question is the same in each instance and its determination will dispose of all of…