Fordyce v. Kosminski
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. L. A. Byrne, Judge. The raising of a negotiable instrument, without the consent of the maker, avoids it even in the hands of an innocent holder for value. 2 Daniel Neg. Instr.
Read the full summary
APPEAL from Miller Circuit Court. L. A. Byrne, Judge. The raising of a negotiable instrument, without the consent of the maker, avoids it even in the hands of an innocent holder for value. 2 Daniel Neg. Instr. (j ed.), secs, 1337, 1373; 13 Pick., 163; 100 Mass., 37g; 2 Taunt., 328; 38 Ark., 127; 30 id., 3go; 8 Ark., 378; g id., 122. When a check is raised by the insertion of words and figures in a blank left in the original by the carelessness or negligence of the maker, and passes for value to an innocent purchaser, there being nothing on the face of the check to excite suspicion of an…
1Opinion of the CourtBattle, J.
This action is founded on a check drawn by the officers of the Texas and St. Louis Railway Company on the' Commercial bank of St. Louis, payable to Peter Vaught or bearer. As originally signed and prepared it was a check for $8.40, and was so drawn as to leave space between the figures “8” and “40” in one corner thereof sufficient for the insertion of a cipher, without crowding, and in the body of the check where the amount was written, sufficient space was left after the word “eight” and the word following, for adding to the word “eight” the letter “y” without giving it the appearance of…
2Cases cited5 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- Bruce v. WestcottNew York Supreme Court · 1848
- Washington Savings Bank v. EckySupreme Court of Missouri · 1873
3Cited by10 opinions
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- First National Bank of Cushing v. KetchumSupreme Court of Oklahoma · 1918
- Exchange Nat. Bank of Spokane v. Bank of Little RockCourt of Appeals for the Eighth Circuit · 1893
- Exchange National Bank v. LittleSupreme Court of Arkansas · 1914
- Bank of Herington v. WangerinSupreme Court of Kansas · 1902
5 more not listed; retrieve them via the Exa API.