Legal Opinion
Levin v. Commercial Germania Trust & Savings Bank
Supreme Court of Louisiana
Decided December 1, 1913No. 19,506PublishedCited by 1 opinion
Appeal from Civil District Court, Parish of Orleans; Thos. C. W. Ellis, Judge. Action by Joseph Levin and others against the Commercial Germania Trust & Savings Bank. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtProvosty, J.
[1] In Spearing v. Whitney Bank, 129 La. 613, 56 South. 550, this court said:
“The authorities cited by counsel on both sides announce the rule that where a check of a merchant or trader has been protested for want of funds, although occasioned by a mere mistake in bookkeeping, more than nominal dam*493ages may be given without proof of actual loss or damage.”
The plaintiff in this case is a “merchant or trader” on a small scale. His cheek for $5.50 was thrown out by the defendant bank, although he had $45 to his credit on its books. The reason assigned was that he did not have an account in the…
2Cases cited1 opinion
- Spearing v. Whitney-Central Nat. BankSupreme Court of Louisiana · 1911
3Cited by1 opinion
- Galloway v. Vivian State BankSupreme Court of Louisiana · 1929