National Bank of Commerce v. Mechanics' American National Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The rule that a drawee is presumed to know the signature of his drawer, and that if he pays money on a forged check, to a bona fide holder, he cannot recover it, does not apply to a case where the holder has himself been negligent in taking the check, and has thereby led the drawee to relax his vigilance. Ellis & Morton v. Insurance & Trust Co., 4 Oh.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The rule that a drawee is presumed to know the signature of his drawer, and that if he pays money on a forged check, to a bona fide holder, he cannot recover it, does not apply to a case where the holder has himself been negligent in taking the check, and has thereby led the drawee to relax his vigilance. Ellis & Morton v. Insurance & Trust Co., 4 Oh. St. 628; Bank v. Bangs, 106 Mass. 441; Bank v. Ricker, 71 111. 439; Goddard v. Bank, 4 N. Y. 147; Bank v. Bank, 151 Mass. 280; Bank v, Salem, 17 Mass, 33; Rouvant v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — By act of the General Assembly of this State, approved April 10, 1905, what is called “The Negotiable Instrument Law,” was adopted in this State. See Sess. Acts, 1905, p. 243. The Forty-third General Assembly which adopted this Negotiable Instrument Law adjourned on the 18th day of March, 1905. There is no emergency clause in this act, nor, by any section or provision in it, is its operation postponed beyond the constitutional period of ninety days. Consequently it was in effect June 16, 1905. The checks in suit bear date August 12th and were cashed by the…
2Cases cited5 opinions
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- National Bank of Rolla v. First National Bank of SalemMissouri Court of Appeals · 1910
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
- Northwestern National Bank v. Bank of CommerceSupreme Court of Missouri · 1891
- President of the Gloucester Bank v. President of the Salem BankMassachusetts Supreme Judicial Court · 1820
3Cited by30 opinions
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
- National Bank of Commerce v. BossemeyerNebraska Supreme Court · 1917
- Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
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