Legal Opinion

Warren v. Smith

Utah Supreme Court

Decided March 23, 1909No. 1949PublishedCited by 7 opinions

Appeal from the Second District Court, Weber County.— Hon. J. A. Howell, Judge. Action to recover money. The opinion states the facts. From a judgment for the defendant, the plaintiff appealed. APPELLANT'S AUTHORITIES.

Read the full summary

Appeal from the Second District Court, Weber County.— Hon. J. A. Howell, Judge. Action to recover money. The opinion states the facts. From a judgment for the defendant, the plaintiff appealed. APPELLANT'S AUTHORITIES. Title to the check never passed out of the plaintiff. .(Randolph on Commercial Paper, sec. 1893; Anderson v. .Bank, 20 N. Y. Suppl. 511; Palm v. Watt, 7 Hun 317; sec. 1575, Compiled Laws of Utah 1907; Bank v. Bank, 1 Hill 387; Anderson v. Bank, 20 N. Y. Supp. 511; Compiled Laws 1907, sec. 1575; Beattie v. Bank, 174 Ill. 571, 43 L. R. A. 655; Foltier v. Schroder, 19 La. Ann. 17,…

1Opinion of the CourtStraup, C. J.

The plaintiff alleged in his complaint that on March 1, 1904, the Southern Pacific Company, for services rendered, issued and delivered to him its pay check, payable to his order, and drawn on the treasurer of the Southern Pacific Company, in the sum of $63.20; that on March 20th the check was stolen from or lost by the plaintiff and his in-dorsement forged thereon; that the check afterwards came into the possession of the defendant, who collected thereon the sum of $63.20; that the plaintiff received no part of the money evidenced by the check; and that the defendant, by reason of. the…

2Cited by7 opinions

  1. Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
  2. Fidelity & Deposit Co. v. Farmers & Citizens BankOhio Court of Appeals · 1943
  3. Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
  4. Elbar Realty, Inc. v. City Bank & Trust Co.Massachusetts Supreme Judicial Court · 1961
  5. Hodgson v. HatfieldSupreme Court of Oklahoma · 1925

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API