Wasgatt v. First National Bank
Supreme Court of Minnesota
Action in the district court for Faribault county by tbe executor of the estate of Emeline Erskine, deceased, to recover a balance of $850 belonging to decedent on deposit in defendant bank at tbe time of her death.
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Action in the district court for Faribault county by tbe executor of the estate of Emeline Erskine, deceased, to recover a balance of $850 belonging to decedent on deposit in defendant bank at tbe time of her death. Tbe answer alleged tbat on March 2, 1909, a check upon defendant for $850 duly made, executed and delivered by Emeline Erskine, payable to tbe order of Polly Perrine, was duly presented to defendant, in tbe regular course of business, and on tbat day defendant orally certified said check to be good and promised to pay it upon presentation when properly indorsed; tbat thereafter…
1Opinion of the CourtBunn, J.
Plaintiff’s testator, Emeline Erskine, died at tbe home of David E. and Polly Perrine, at Blue Eartb City, on tbe evening of March 1, 1909. Sbe bad been living with tbe Perrines since November, 1908. Erom December 25, when sbe was taken ill, to ber death, sbe paid no board, and was cared for by tbe Perrines. On February 21, sbe indorsed and delivered to David Perrine a certificate of deposit for $1,500, for tbe purpose of having tbe same cashed and tbe proceeds placed to ber credit in tbe defendant bank, and on tbe same day tbe certificate was so cashed, and tbe proceeds, $1,498.50, deposited…
2Cases cited3 opinions
- Varley v. SimsSupreme Court of Minnesota · 1907
- Northern Trust Co. v. RogersSupreme Court of Minnesota · 1895
- Lewis v. Traders' BankSupreme Court of Minnesota · 1883
3Cited by8 opinions
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- Farmers State Bank v. Sig Ellingson & Co.Supreme Court of Minnesota · 1944
- Baxter v. BrandenburgSupreme Court of Minnesota · 1917
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
- McClain v. TorkelsonSupreme Court of Iowa · 1919
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