Kinyon v. Stanton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. Action on a bank check. Defendants, in the firm name of Stanton & Son, on tbe 2d of August, 1875, at Waupun in this state, gave plaintiff, for value, their check on the Corn Exchange Bank of Waupun for $423.66. This check was never presented at the bank for payment. On the 10th of August, about 1-J o’clock P. M., the bank suspended payment, and said check has never been paid.
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APPEAL from tbe Circuit Court for Fond du Lao County. Action on a bank check. Defendants, in the firm name of Stanton & Son, on tbe 2d of August, 1875, at Waupun in this state, gave plaintiff, for value, their check on the Corn Exchange Bank of Waupun for $423.66. This check was never presented at the bank for payment. On the 10th of August, about 1-J o’clock P. M., the bank suspended payment, and said check has never been paid. At the close of the day on the 31st of July, 1875, defendants’ account at said bank was overdrawn, between $1,700 and $1,800; but on the 2d of August they deposited…
1Opinion of the CourtRtaN, C. J.
Doubtless the respondent was guilty of negligence in holding the check of the appellants so long without presenting it to the bank for payment. And if the appellants had left funds in the bank to meet it, until the failure of the bank, the negligence of the respondent would have discharged the appellants from all liability over. Jones v. Heiliger, 36 Wis., 149.
But the appellants saw fit to draw out their entire account in the bank before its failure; and, doing so, must be held in good faith to have intended, as they are liable, themselves to protect the check which they had given to the…
2Cases cited1 opinion
- Jones v. HeiligerWisconsin Supreme Court · 1874
3Cited by3 opinions
- Steele v. VandersliceArizona Supreme Court · 1961
- In Re Estate of HoreSupreme Court of Minnesota · 1945
- Mordis v. KennedySupreme Court of Kansas · 1880