Thompson v. Sioux Falls National Bank
Supreme Court of the United States
ERROR TO THE SUPREME'COURT OF THE TERRITORY OF DAKOTA. This was an action brought by the Sioux Falls National Bank, defendant in error, against the First National Bank, to recover.the amount of the following cashier’s cheque, issued by an officer of the defendant bank: “No. 91. Sioux Falls, Dak., Jan. 12, 1886. “The First National Bank of Sioux Falls. “Pay to the order of C. K. Howard, Co. Treas., sixteen thousand-five hundred and seventy-one and 61-100 dollars.
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ERROR TO THE SUPREME'COURT OF THE TERRITORY OF DAKOTA. This was an action brought by the Sioux Falls National Bank, defendant in error, against the First National Bank, to recover.the amount of the following cashier’s cheque, issued by an officer of the defendant bank: “No. 91. Sioux Falls, Dak., Jan. 12, 1886. “The First National Bank of Sioux Falls. “Pay to the order of C. K. Howard, Co. Treas., sixteen thousand-five hundred and seventy-one and 61-100 dollars. “$16,511.61. (Signed) W. F. Furbeck, Cash.” Across the face of this was printed “ cashier’s check.” It was endorsed “ C. K. Howard,…
1Opinion of the Court
Mr.. Justice Brown,
after stating the case, delivered the opinion of the court.
'As the cheque in this case is admitted to have been obtained without consideration, and to have, been invalid in the hands pf the immediate payee, the plaintiff, to sustain its own title,must prove either that it was itself n bona, fide holder without •notice, or that the county commissioners, of whom it received the paper, had taken the same for value without notice of any defect in its inception. Lytle v. Lansing, 147 U. S. 59.
The circumstances 'under which the cheque was issued were a plain fraud upon the law…
2Cases cited8 opinions
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- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Deery v. CraySupreme Court of the United States · 1867
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
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