Phoenix National Bank v. Taylor
Court of Appeals of Kentucky
■Case 9 — Action p.y Carrie Taylor against Phoenix National Bank to Recover a Deposit. APPEAL FROM kAYETTE CIRCUIT COURT. Judgment por Plaintive and Defendant Appeals. The question in this case is, whether a check for $450 purporting to have been signed by Carrie Taylor on the Phoenix National Bank, and which the bank paid was in fact signed by her or by another for her or with her consent or authority. She claims that said check was a forgery.
Read the full summary
■Case 9 — Action p.y Carrie Taylor against Phoenix National Bank to Recover a Deposit. APPEAL FROM kAYETTE CIRCUIT COURT. Judgment por Plaintive and Defendant Appeals. The question in this case is, whether a check for $450 purporting to have been signed by Carrie Taylor on the Phoenix National Bank, and which the bank paid was in fact signed by her or by another for her or with her consent or authority. She claims that said check was a forgery. The errors complained of in this case are: 1. The error of the court in improperly instructing the jury and in failing to properly instruct the jury.…
1Opinion of the Court
Opinion op tiib court by
JUDGE O’REAR
Reversing.
Appellee, Carrie Taylor, was a depositor of the Phoenix National Bank of Lexington, and had therein to her credit during the year 185)8 $1,055. This controversy- involves-the genuineness of'a check for $450 asserted by the bank to have been executed by appellee January 4, 1899, payable' to the Planters’ Bank, and signed “Carrie Taylor,” and which had been drawn on and paid1 by appellant. Appellee sued the bank for the sum of $450, claimed to be the-balance remaining to her credit, and which it had refused to pay on her demand. She repudiated the…
2Cases cited2 opinions
- Thompson v. DavitteSupreme Court of Georgia · 1877
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
3Cited by5 opinions
- Federal Land Bank v. Omaha National BankNebraska Supreme Court · 1929
- W. J. Fell Co. v. ElswickCourt of Appeals of Kentucky · 1922
- In Re Estate of AstolasMichigan Supreme Court · 1935
- Exchange Bank v. WeinerIndiana Court of Appeals · 1930
- McInerney v. MeszarosMichigan Supreme Court · 1935