Smith v. Mechanics & Traders' Bank
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J. A. The plaintiff, a depositor in the Mechanics and Traders’ Bank, sues to recover the amount of a check drawn by him, to the order of Payne and Harrison, a well known commercial house in this city, and paid by the bankupon a forged endorsement.
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. A. The plaintiff, a depositor in the Mechanics and Traders’ Bank, sues to recover the amount of a check drawn by him, to the order of Payne and Harrison, a well known commercial house in this city, and paid by the bankupon a forged endorsement. To wit: “No. 1572. New Orleans, November 7th, 1850. Mechanics and Traders’ Bank, pay to Payne and Harrison, or order, twenty-nine hundred and eight dollars and sixty-seven cents. $2908 67. Pp., J. C. Smith. J. Kilty Smith. (Endorsed,) Payhe and Horria.” The defendants, in their answer,…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
The plaintiff is a broker in this city; his business is that of discounting bills and notes. He kept an account with the Mechanics and Traders’ Bank; the banking house is opposite his office in Canal street. On tho 7th of November, 1850, the plaintiff discounted a forged bill, offered for discount by a person unknown to him. It purported to have been drawn by W. C. Ventriss on Payne and Harrison, a well known house in the city. The acceptance of Payne and Harrison was forged, and the forgery was a very bad imitation of their signature.…
2Cases cited1 opinion
- Ross v. StateIndiana Supreme Court · 1825
3Cited by11 opinions
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- Andrews v. SheehySupreme Court of Louisiana · 1909
- Patton's Heirs v. MoseleySupreme Court of Louisiana · 1937
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- Allan Ware Pontiac, Inc. v. First Nat. BankLouisiana Court of Appeal · 1941
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