Legal Opinion

Kohn v. Watkins

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 12 opinions

Error from Douglas District Court. Action brought by Solomon H. Kohn, Morris Kohn, and M. W. Levy, partners as Kohn Brothers & Company, against Watkins, upon certain drafts, copies of which are as follows: No. 6639. Office of J. B. Watkins & Co., 1 Lawrence, Kas., April 20, 1880. f Pay to the order of Geo. W. Cobb, three hundred and fifty-five dollars. J. B. Watkins & Co. $355. To Merchants’ Bank,- Lawrence, Kansas. [Indorsements:] Pay to the order of R. G. McLain. Geo.

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Error from Douglas District Court. Action brought by Solomon H. Kohn, Morris Kohn, and M. W. Levy, partners as Kohn Brothers & Company, against Watkins, upon certain drafts, copies of which are as follows: No. 6639. Office of J. B. Watkins & Co., 1 Lawrence, Kas., April 20, 1880. f Pay to the order of Geo. W. Cobb, three hundred and fifty-five dollars. J. B. Watkins & Co. $355. To Merchants’ Bank,- Lawrence, Kansas. [Indorsements:] Pay to the order of R. G. McLain. Geo. W. Cobb. R. G. McLain. No. 6652. Office of J. B. Watkins & Co., 1 Lawrence, Kas., April 21, 1880. / Pay to the order of…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Upon the record of this case two different questions are presented for our decision. The first is, whether a draft or bill of exchange payable to) a real person known at the time to exist, and present to the mind of the drawer when-he made it, as the party to whose order it is to be paid, must bear the genuine indorsement of such payee in order that a bona fide indorsee may recover thereon, when such bill has-been drawn without the knowledge or consent of the person named therein as payee, through the false representations of a party…

2Cases cited2 opinions

  1. Lane v. KrekleSupreme Court of Iowa · 1867
  2. Rogers v. WareNebraska Supreme Court · 1873

3Cited by12 opinions

  1. Emporia National Bank v. ShotwellSupreme Court of Kansas · 1886
  2. Hanover Ins. Companies v. Brotherhood State BankDistrict Court, D. Kansas · 1979
  3. Robertson Banking Co. v. BrasfieldSupreme Court of Alabama · 1918
  4. Grand Lodge of the Ancient Order of United Workmen v. State BankSupreme Court of Kansas · 1914
  5. American Hominy Co. v. Millikin Nat. BankDistrict Court, S.D. Illinois · 1920

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