Legal Opinion

J. M. Houston Grocer Co. v. Farmers Bank

Missouri Court of Appeals

Decided May 4, 1897Published

Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. all the judges concurring, Judge Biggs in the result. When a bank pays a check on a forged indorsement of the payee or indorsee, the rightful owner may recover from it the amount thus paid. Nor will it be a sufficient excuse for the bank to allege payment to one who was not rightfully entitled to the money. Van Schaak on Bank Checks, p. 114; Tied, on Com. Pap., sec. 451, p. 737; 2 Rand, on Com.

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Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. all the judges concurring, Judge Biggs in the result. When a bank pays a check on a forged indorsement of the payee or indorsee, the rightful owner may recover from it the amount thus paid. Nor will it be a sufficient excuse for the bank to allege payment to one who was not rightfully entitled to the money. Van Schaak on Bank Checks, p. 114; Tied, on Com. Pap., sec. 451, p. 737; 2 Rand, on Com. Pap., sec. 1739, p. 854; 1 Morse on Banks and Bankg. [3 Ed.], sec. 248, p. 448; 1 Danl. on Neg. Insts,, see. 1364, p. 340; Talbot v.…

1Opinion

OPINION ON MOT.ION NOR REHEARING.

Biggs, J.

We are asked to transfer this case to

the supreme court on the ground that our decision is opposed to that of the Kansas City court of appeals in the case of Ripley National Bank v. Latimer, 64 Mo. App. 321. The learned judge who delivered the opinion in that case said: ‘ ‘If the bank holding a deposit subject to the payment of a check on its presentation wrongfully refuses payment, the holder of the check has a right to sue the bank in an action of assumpsit upon the implied promise which the law raises in behalf of the holder of the check.” To…

2Cases cited6 opinions

  1. Dickinson v. CoatesSupreme Court of Missouri · 1883
  2. McGrade v. German Savings InstitutionMissouri Court of Appeals · 1877
  3. Senter v. Continental BankMissouri Court of Appeals · 1879
  4. Zelle v. German Savings InstitutionMissouri Court of Appeals · 1877
  5. Ripley National Bank v. LatimerMissouri Court of Appeals · 1896

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