Northwestern National Bank v. Bank of Commerce
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gtll, Judge. (1) It is well settled that money paid under a mistake may be recovered back. Bank v. Bank, 55 N. Y. 211; Ins. Co. v. Walsh, 18 Mo. 229; Koontz v. Bank,. 51 Mo. 275; Morrow v. Burber, 97 Mo. 155. (2) The exception to the above rule is that the drawee is bound to know the signature of the drawer, and if he accepts •or pays he is without remedy.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gtll, Judge. (1) It is well settled that money paid under a mistake may be recovered back. Bank v. Bank, 55 N. Y. 211; Ins. Co. v. Walsh, 18 Mo. 229; Koontz v. Bank,. 51 Mo. 275; Morrow v. Burber, 97 Mo. 155. (2) The exception to the above rule is that the drawee is bound to know the signature of the drawer, and if he accepts •or pays he is without remedy. Lord Mansfield said in Price v. Neal, 3 Burrows, 1354, that plaintiff could not recover, “unless it be against conscience in defendant to retain it.” Smith v. Evans, 6 Taunton, 82; Wilkinson…
1Opinion of the CourtThomas, J.
On the seventeenth day of December, 1885, a man calling himself John Whitney presented to the paying teller of defendant bank the following letter:
“Citizens’ Bank oe Nevada, ) Nevada, Mo., 12-16-85. )
“ To Bank of Commerce, Kansas City, Mo. :
“This will introduce to you Mr. John Whitney, who holds our certificate of deposit for $350 of this date. He will want to draw the money there. Below we give his signature for identification.
“ Yours truly,
“John Wi-iitney. O. K. Caldwell,
“Cashier.”
Whitney, when at the bank, acted in the ordinary way, and there was nothing about his manners or looks that…
2Cases cited6 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- Stout v. BenoistSupreme Court of Missouri · 1866
- Mechanics Bank v. Valley Packing Co.Supreme Court of Missouri · 1879
- Mechanics' Bank v. Valley Packing Co.Missouri Court of Appeals · 1877
- First National Bank v. YostNew York Supreme Court · 1890
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3Cited by13 opinions
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- National Bank of Commerce v. Mechanics' American National BankMissouri Court of Appeals · 1910
- National Bank of Rolla v. First National Bank of SalemMissouri Court of Appeals · 1910
- Bank of Williamson v. McDowell County BankWest Virginia Supreme Court · 1909
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
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