Madill State Bank v. Weaver
Supreme Court of Oklahoma
Error from District Court, Marshall County; A. H. Ferguson, Judge. Action by Lula J. Weaver against the Madill State Bank. Judgment for plaintiff, and defendant brings error. Plaintiff in error will be designated as defendant and defendant in error as plaintiff, in accord with their respective titles in the trial court.
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Error from District Court, Marshall County; A. H. Ferguson, Judge. Action by Lula J. Weaver against the Madill State Bank. Judgment for plaintiff, and defendant brings error. Plaintiff in error will be designated as defendant and defendant in error as plaintiff, in accord with their respective titles in the trial court. This case was tried to a jury, and resulted in a judgment for plaintiff for $500. ■ On January 28, 1911, plaintiff, in her own name, deposited $1,581.50 of her own money in defendant bank, which amount was then entered in a passbook then furnished her by the bank. On February…
1Opinion of the Court
Opinion by
THACKER, C.
(after stating the facts as above). A bank may charge to the account of a depositor the checks of a third party, not purporting to be drawn by such depositor nor against such account, only upon the actual direction of the depositor. Seaboard National Bank v. Bank of America, 193 N. Y. 26, 85 N. E. 829, 22 L. R. A. (N. S.) 499; Critten v. Chemical Nat. Bank, 171 N. Y. 219, 63 N. E. 969, 57 L. R. A. 529.
The defendant bank could not prevail in this case upon the ground of a “ratification,” for the obvious reason that there is no evidence whatever so much as tending to prove…
2Cases cited11 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Seaboard National Bank v. Bank of AmericaNew York Court of Appeals · 1908
- Backhaus v. BuellsOregon Supreme Court · 1903
- Bragdon v. McSheaSupreme Court of Oklahoma · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Williamson v. WinninghamSupreme Court of Oklahoma · 1947
- Security Insurance Co. of New Haven v. McAlisterSupreme Court of Oklahoma · 1923
- State Ex Rel. Olsen v. SundlingMontana Supreme Court · 1955
- McCoy v. First Nat. Bank of ClevelandSupreme Court of Oklahoma · 1926
- Statser v. Chickasaw Lumber CompanySupreme Court of Oklahoma · 1958
4 more not listed; retrieve them via the Exa API.