Glines v. State Savings Bank
Michigan Supreme Court
Error to Waynó; Frazer, J. Assumpsit by Walter C. Glines against tbe State Savings Bank of Detroit for money bad and received. From a judgment for plaintiff, defendant brings, error. Tbe plaintiff bad been a commercial depositor for from 12 to 16 years in tbe bank of A. Ives & Sons of Detroit. On Saturday, September 8, 1900, be deposited in said bank a check for $300 drawn upon Fleiscbmann & Co., of Cincinnati, Ohio.
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Error to Waynó; Frazer, J. Assumpsit by Walter C. Glines against tbe State Savings Bank of Detroit for money bad and received. From a judgment for plaintiff, defendant brings, error. Tbe plaintiff bad been a commercial depositor for from 12 to 16 years in tbe bank of A. Ives & Sons of Detroit. On Saturday, September 8, 1900, be deposited in said bank a check for $300 drawn upon Fleiscbmann & Co., of Cincinnati, Ohio. He received credit for tbis amount on tbe bank’s books and on bis own deposit book. Tbe deposit was made in the customary manner, and be .drew out none of its proceeds. A. Ives &…
1Opinion of the CourtGrant, J.
(after stating the facts). A. Ives & Sons were in fact insolvent. Plaintiff received no consideration from them for the transfer and deposit of the check. Whether they knew, or should have known, that they were insolvent, or whether they had no reasonable ground for expecting to repay the plaintiff, it is not necessary to determine. We will dispose of the case upon the question whether there is any evidence in the record to hold the defendant liable on the ground that it had knowledge of such facts as to show it to have been a mala fide purchaser of the check.
Checks are deposited as cash,…
2Cases cited5 opinions
- Goodrich v. McDonaldMichigan Supreme Court · 1889
- Mace v. KennedyMichigan Supreme Court · 1888
- Fredonia National Bank v. TommeiMichigan Supreme Court · 1902
- Davis v. SeeleyMichigan Supreme Court · 1888
- Stevens v. McLachlanMichigan Supreme Court · 1899
3Cited by5 opinions
- National Bank v. State Land Office BoardMichigan Supreme Court · 1942
- Zeigler v. PeopleSupreme Court of Colorado · 1942
- Detroit National Bank v. Union Trust Co.Michigan Supreme Court · 1906
- Bingham v. County of MontcalmMichigan Supreme Court · 1930
- Thompson v. Village of MecostaMichigan Supreme Court · 1905