Pickett v. Thomas J. Baird Investment Co.
North Dakota Supreme Court
Appeal from District court, Nelson county; Templeton, J. Action by W. N. Pickett against the Thomas J. Baird Investment Company. From a judgment for defendant, plaintiff appeals. Facts: Defendant, the Thomas J. Baird Investment Company, which was located at Dakota, North Dakota, was authorized by plaintiff to collect $480 from one Badcliffe, at Darimore, and to transmit the same to plaintiff at Duluth.
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Appeal from District court, Nelson county; Templeton, J. Action by W. N. Pickett against the Thomas J. Baird Investment Company. From a judgment for defendant, plaintiff appeals. Facts: Defendant, the Thomas J. Baird Investment Company, which was located at Dakota, North Dakota, was authorized by plaintiff to collect $480 from one Badcliffe, at Darimore, and to transmit the same to plaintiff at Duluth. Badcliffe sent to the defendant, at Dakota, his personal check on a Darimore bank for the sum of $480, and defendant indorsed this check and deposited it to its own account and credit in the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Two questions are before us for discussion: (1) Was appellant negligent in depositing and transmitting the check received from the Baird Investment Company; and (2), if negligent, was respondent damaged by such negligence, so as to be discharged from liability? Section 6488, Rev. Codes 1905, requires that a check be presented for payment within a “reasonable time” after its issue, and declares that if not so presented the “drawer will be discharged from liability thereon to the extent of the loss occasioned by the delay.” On this subject of presentment,…
2Cases cited25 opinions
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
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3Cited by5 opinions
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- Kleve v. StateNorth Dakota Supreme Court · 1929