Deposit Bank v. Fayette National Bank
Court of Appeals of Kentucky
Case 2 — PETITION APPEAL FROM FAYETTE CIRCUIT COURT. Where a bank receives a forged check drawn upon another bank, and obtains the'" money upon it from the drawee, the drawee, having acted in good faith, may, after discovery of the fraud and forgery, recover back the money from the bank to which the payment was made. (First Nat. Bank v. State Bank, 22 Neb., 769; Bank North America v. Bangs, 106 Mass., 441; Espey v. Bank of Oinninnati, 18 Wall., 614; Ellis v. Ohio Ims.
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Case 2 — PETITION APPEAL FROM FAYETTE CIRCUIT COURT. Where a bank receives a forged check drawn upon another bank, and obtains the'" money upon it from the drawee, the drawee, having acted in good faith, may, after discovery of the fraud and forgery, recover back the money from the bank to which the payment was made. (First Nat. Bank v. State Bank, 22 Neb., 769; Bank North America v. Bangs, 106 Mass., 441; Espey v. Bank of Oinninnati, 18 Wall., 614; Ellis v. Ohio Ims. Co., 4 Ohio, 628; Daniel on Negotiable Instruments, vol. 2, sec. 1362.) 1. The general rule is, that money paid under a…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
These two cases involve similar questions, and have, therefore, been considered as one case.
The Deposit Bank of Georgetown, the appellant in this court, and the plaintiff below, paid a number of forged checks, purporting to have been drawn on that bank by' one of its depositors, Thomas I. Burgess. The checks were successively presented through a period of four or five months, there being eighteen *14in number, and were all paid by the Georgetown bank in good faith, and before any discovery of the fraud had been made. All the checks were drawn in the…
2Cases cited6 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- First National Bank v. State BankNebraska Supreme Court · 1888
- Levy v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1802
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- Farmers National Bank v. Farmers & Traders BankCourt of Appeals of Kentucky · 1914
- Woods v. Colony BankSupreme Court of Georgia · 1902
- Canadian Bank of Commerce v. BinghamWashington Supreme Court · 1902
- First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
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