Wellington National Bank v. Robbins
Supreme Court of Kansas
Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. On the 5th of September, 1898, Kettering & Sons were indebted to the Parkhurst-Davis Mercantile Company in the sum of $249.71 and had on deposit in the plaintiff bank sufficient funds to pay this sum. On that day they drew their cheek on plaintiff for that amount and delivered it to one F. H. Teale, a salesman of the mercantile company.
Read the full summary
Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. On the 5th of September, 1898, Kettering & Sons were indebted to the Parkhurst-Davis Mercantile Company in the sum of $249.71 and had on deposit in the plaintiff bank sufficient funds to pay this sum. On that day they drew their cheek on plaintiff for that amount and delivered it to one F. H. Teale, a salesman of the mercantile company. Teale indorsed the check “Parkhurst-Davis Mercantile Company, per F. H. Teale, salesman,” presented the same to the defendant bank, and received from it $32 in cash and a draft for the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Under the agreed statement of facts in this case the defendant was responsible to the plaintiff for the money it paid out upon the check with the forged indorsement. The rule, as laid down in a note to People’s Bank v. Franklin Bank (88 Tenn. 299), in *751volume 17 of the American State Reports, page 898,. reads:
“Money paid upon a forged indorsement of a check or draft may be recovered back. The bank or drawee is not bound to know the signature of an indorser. And the holder, whether he indorses the instrument or not, warrants the genuineness of…
2Cases cited3 opinions
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- People's Bank v. Franklin BankTennessee Supreme Court · 1889
- First National Bank v. WilliamsSupreme Court of Kansas · 1901
3Cited by14 opinions
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- State v. Merchants National BankSupreme Court of Minnesota · 1920
- Moler v. State Bank of BigelowSupreme Court of Minnesota · 1929
- Security Sav. Bank of Covington v. First National Bank of Michigan CityCourt of Appeals for the Sixth Circuit · 1939
- P. & H. Finance Co. v. First State Bank of SeminoleSupreme Court of Oklahoma · 1939
9 more not listed; retrieve them via the Exa API.