Harmon v. Old Detroit National Bank
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Judson Harmon, receiver of the Pere Marquette Railroad Company, against the Old Detroit National Bank for money had and received. There was judgment for defendant, and plaintiff brings error. The defendant was one of the general depositaries of the Pere Marquette Railroad Company. The funds on deposit were paid out upon warrants issued by the company.
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Error to Wayne; Donovan, J. Assumpsit by Judson Harmon, receiver of the Pere Marquette Railroad Company, against the Old Detroit National Bank for money had and received. There was judgment for defendant, and plaintiff brings error. The defendant was one of the general depositaries of the Pere Marquette Railroad Company. The funds on deposit were paid out upon warrants issued by the company. Its method of doing business with the bank will appear from the following statement of facts: In May, 1905, the railroad company was indebted to the Sunday Creek Coal Company in the sum of $2,097.38. Its…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The facts in this case are not in dispute, and are sufficiently above stated. The conclusion to be drawn from them is that a trusted employe of the railroad company erased or caused to be erased, with the aid of others, the name of the real payee and the substitution of another payee, and thus caused to be issued a forged warrant or voucher. The payee in the forged instrument was either a fictitious person or a real one unknown to the drawer. The plaintiff made a prima facie case of a fictitious payee. The defendant introduced no evidence that the payee was a real *78en…
2Cases cited8 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
- Hatton v. HolmesCalifornia Supreme Court · 1893
- United States v. National Exchange BankU.S. Circuit Court for the District of Eastern Wisconsin · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Union Tool Co. v. Farmers & Merchants National Bank of Los AngelesCalifornia Supreme Court · 1923
- American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- McCornack v. Central State BankSupreme Court of Iowa · 1926
- Lyman v. StateCourt of Appeals of Maryland · 1920
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