Garthwaite v. Bank of Tulare
California Supreme Court
APPEAL from a judgment of the Superior Court of Tulare County and from an order denying a new trial. W. B. Wallace, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The complaint herein alleges that on January 31,1890, J. O. Lovejoy purchased from the defendant its check upon the Pacific Bank, at San Francisco, for the amount of $750, payable to the order of B. F. Smith, and paid to it therefor the sum of $750. Lovejoy at that time was indebted to Smith in an amount larger than the amount of the check, and on the same day sent the check by mail, directed to Smith at Oakland. Smith did not receive the check, but on February' 5th it was presented to the Pacific Bank by another person, who represented himself to be the payee, and was paid to him. About the…
2Cases cited3 opinions
- Janin v. London & San Francisco BankCalifornia Supreme Court · 1891
- Dennis v. BintCalifornia Supreme Court · 1898
- Garthwaite v. Bank of TulareCalifornia Supreme Court · 1898
3Cited by20 opinions
- Kendall v. Sorani (In Re Richmond Produce Co.)District Court, N.D. California · 1996
- Trippet v. StateCalifornia Supreme Court · 1906
- Kendall v. Sorani (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1993
- Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Crisp v. State BankNorth Dakota Supreme Court · 1915
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