Hanson v. Heard
Supreme Court of New Hampshire
Assumpsit, against the receiver of the National Bank of the Commonwealth, for money had and received by the bank. On a trial by jury, the defendant’s motions for a nonsuit and for the direction of a verdict in his favor were denied, subject to exception. The cashier of the bank collected of a Minnesota savings bank a sum of money due to the plaintiff and received from her other sums, upon all of which he promised to pay interest at the rate of eight per cent per annum.
Read the full summary
Assumpsit, against the receiver of the National Bank of the Commonwealth, for money had and received by the bank. On a trial by jury, the defendant’s motions for a nonsuit and for the direction of a verdict in his favor were denied, subject to exception. The cashier of the bank collected of a Minnesota savings bank a sum of money due to the plaintiff and received from her other sums, upon all of which he promised to pay interest at the rate of eight per cent per annum. He gave receipts for the money, one of which bore his signature as cashier, and the others, his signature without addition.…
1Opinion of the CourtChase, J.
It was not necessary for the plaintiff' to show express authority from the bank to its cashier to receive in its behalf the savings-bank book for collection and the deposits of money. The cashier, as one of the executive officers of the bank, prima facie, had authority to solicit and do such business and to bind the bank to the extent, at least, of the obligations ordinarily pertaining to the business. Eastman v. Bank, 1 N. H. 23, 26; Corser v. Paul, 41 N. H. 24; Bank v. Haskell, 51 N. H. 116; Hunter v. Railroad, 116 N. Y. 615, 621; 1 Morse Bk. 156, et seq. The cashier of a national bank…
2Cases cited7 opinions
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
- L'Herbette v. Pittsfield National BankMassachusetts Supreme Judicial Court · 1894
- Hunter v. New York, Ontario & Western RailroadNew York Court of Appeals · 1889
- Pierson v. . Atlantic National BankNew York Court of Appeals · 1879
- Van Leuven v. . First National Bank of KingstonNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- First National Bank v. PeckIndiana Supreme Court · 1913
- Cross v. AmorettiWyoming Supreme Court · 1932