Nielsen v. Planters Trust & Savings Bank

HIGGINS, Justice.

Plaintiff, a payee of a cashier’s check, brought this action against the bank which issued the check to him, to recover the sum of $1,200, the face value thereof, as damages, for illegally paying the 'check to the indorsee, after plaintiff had notified defendant not to honor the check, because it had been negotiated for an illegal consideration, i. e., covering losses sustained in gambling at roulette.

Defendant filed exceptions of no right or cause of action, which were sustained by the district court. Plaintiff appealed and the Court of Appeal, by a divided court, affirmed…