First Nat. Bank v. United States Nat. Bank
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. Department 1. This is an action brought by the First National Bank of Portland against the United States National Bank of Portland for the recovery of $532.80 paid on 18 forged checks drawn upon the First National Bank of Portland. The cause was tried, with the consent of the parties, by the court without the intervention of a jury. There was a judgment for the defendant and the plaintiff appealed.
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From Multnomah: Robert Tucker, Judge. Department 1. This is an action brought by the First National Bank of Portland against the United States National Bank of Portland for the recovery of $532.80 paid on 18 forged checks drawn upon the First National Bank of Portland. The cause was tried, with the consent of the parties, by the court without the intervention of a jury. There was a judgment for the defendant and the plaintiff appealed. The two banks are, as their names imply, national banking corporations and are engaged in doing a general banking business in Portland. Each bank is a member…
1Opinion of the CourtHarris, J.
The plaintiff argues that it is entitled to recover because: (1) The defendant is chargeable with negligence in not having detected the forgery of Insley’s signature; and (2) even though *272the defendant was not negligent, the indorsement of the checks and presentment for payment, followed by actual payment, oblige the defendant to refund. The questions arising out of the charge of negligence will be first considered; and afterward attention will be given to the numerous questions arising out of the indorsement, presentment for payment and receipt of payment by the defendant.
1. "Where a holder…
2Cases cited43 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Figuers v. FlyTennessee Supreme Court · 1916
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- Title Guarantee Trust Co. v. . HavenNew York Court of Appeals · 1909
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3Cited by32 opinions
- Aetna Life & Casualty Co. v. Hampton State BankCourt of Appeals of Texas · 1973
- American National Bank v. KerleyOregon Supreme Court · 1923
- Lawyers Title Insurance v. United American Bank of MemphisDistrict Court, W.D. Tennessee · 1998
- American National Bank v. First National BankSupreme Court of Colorado · 1954
- First National Bank v. Produce Exchange BankSupreme Court of Missouri · 1935
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