Legal Opinion

National Bank of Rolla v. First National Bank of Salem

Missouri Court of Appeals

Decided February 7, 1910PublishedCited by 29 opinions

Appeal from Dent Circuit Court. — Eon. L. B. Wood-side, Judge. (1) “A bank which pays a forged check drawn upon it in the name of a depositor may, if 4t acts within a reasonable time, recover the amount thereof from the bank which took the check in course of business, and negligently paid the money upon the endorsement of the check by the payee named, without inquiry into its genuineness, or without requiring any identification of the person presenting such check for…

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Appeal from Dent Circuit Court. — Eon. L. B. Wood-side, Judge. (1) “A bank which pays a forged check drawn upon it in the name of a depositor may, if 4t acts within a reasonable time, recover the amount thereof from the bank which took the check in course of business, and negligently paid the money upon the endorsement of the check by the payee named, without inquiry into its genuineness, or without requiring any identification of the person presenting such check for payment, or any showing that he was lawfully the holder thereof.” Bank y. Bingham, 30 Wash. 484; Bank y. Bank, 22 Neb. 769;…

1Opinion of the CourtCray, J.

On September 23, 1907, one Martin L. Chambers, representing himself to be one J. B. Ra-gan, presented to defendant a check for the sum of $42, purporting to have been drawn on plaintiff in favor of said J. B. Ragan, by one H. W. Lenox, depositor of the plaintiff. The bookkeeper of defendant did not know any of these parties personally, but cashed the check without requiring any identification of Chambers. The defendant then sent the check to its correspondent, the Third National Bank of St. Louis, and through that bank presented the same to plaintiff for payment. When the check was presented…

2Cases cited14 opinions

  1. First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
  2. National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
  3. First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
  4. National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
  5. Germania Bank of Minneapolis v. BoutellSupreme Court of Minnesota · 1895

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
  2. National Bank of Commerce v. Mechanics' American National BankMissouri Court of Appeals · 1910
  3. First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
  4. National Bank of Commerce v. BossemeyerNebraska Supreme Court · 1917
  5. Cherokee Nat. Bank v. Union Trust Co.Supreme Court of Oklahoma · 1912

24 more not listed; retrieve them via the Exa API.

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