Ladd & Bush v. Sears
Oregon Supreme Court
Appeal from Marion. The facts are stated in the opinion. The onus of proof is on the respondent. The facts admitted show a prima, facie case in favor of appellant. It is the usage of the bank not to pay money to a depositor on his check unless he has the money or its equivalent in the bank. The delivery of the draft to Sears by the teller is presumptive evidence that he had paid for it.
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Appeal from Marion. The facts are stated in the opinion. The onus of proof is on the respondent. The facts admitted show a prima, facie case in favor of appellant. It is the usage of the bank not to pay money to a depositor on his check unless he has the money or its equivalent in the bank. The delivery of the draft to Sears by the teller is presumptive evidence that he had paid for it. A thing delivered to another is presumed to belong to him (Civil Code, sec. 166). In relation to the admissibility of books as evidence, appellant cited 15 Am. Dec., 196; Woodbury v. Woodbu/ry, 50 Yt., 152;…
1Opinion of the Court
By the Court,
Watson, J.:
This was an action to recover money, commenced and tried in the circuit court for Marion county. Plaintiffs obtained a verdict and judgment for five hundred and thirty-nine dollars and sixteen cents, and costs, and defendant appealed.
The complaint alleged facts showing that the defendant, on October 10, 1879, obtained from their bank, in Salem, Oregon, the sum of five hundred dollars more than he was entitled to draw therefrom, by means of imposition and fraud, practiced upon their employes in the bank, inducing them to believe he was entitled to said sum on account of…
2Cases cited7 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Walker v. BlassingameSupreme Court of Alabama · 1850
- Tomlinson v. BorstNew York Supreme Court · 1859
- Garrett's Adm'rs v. GarrettSupreme Court of Alabama · 1855
- Davison v. PowellNew York Supreme Court · 1858
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3Cited by10 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Sturtevant v. SturtevantOregon Supreme Court · 1919
- State v. MerloOregon Supreme Court · 1919
- Radtke v. TaylorOregon Supreme Court · 1922
- Ricker v. DavisSupreme Court of Iowa · 1913
5 more not listed; retrieve them via the Exa API.