First National Bank v. Bank of Wyndmere
North Dakota Supreme Court
Appeal from District Court, Richland county; Allen, J. Action by the First National Bank of Lisbon against the Bank of Wyndmere. Judgment for defendant, and plaintiff appeals. Reversed. A party who pays a forged check does so at his peril; and, if by means of his indorsement and use of the same he thereby obtains money from another he is liable for the money so received.
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Appeal from District Court, Richland county; Allen, J. Action by the First National Bank of Lisbon against the Bank of Wyndmere. Judgment for defendant, and plaintiff appeals. Reversed. A party who pays a forged check does so at his peril; and, if by means of his indorsement and use of the same he thereby obtains money from another he is liable for the money so received. First National Bank of Crawfordsville v. Indiana National Bank of La Fayette, 30 N. E. 7, 808, 51 A. S. R. 221; Ellis v. Ins. Co., 4 Ohio. St. 682, 64 Am. Dec. 610; Bank v. Franklin, 17 A. S. R. 884; Germania Bank v.…
1Opinion of the CourtEngerud, J.
This is an appeal from an order sustaining a demurrer to the complaint on the ground that it does not state a cause of action. The complaint states the following facts: The plaintiff and defendant are banking corporations, located, respectively, at Lisbon and Wyndmere, in this state. On July 1, 1905, the defendant caused to be presented to plaintiff for payment a forged check purporting to have been drawn by Bixby & Marsh upon the plaintiff bank in favor of Theodore Larson for $60.25, dated June 27. 1905, and indorsed in blank by the payee. It also bore the indorsement of the defendant, and…
2Cases cited18 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- People's Bank v. Franklin BankTennessee Supreme Court · 1889
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3Cited by16 opinions
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- First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
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