Warren-Scharf Asphalt Pav. Co. v. Commercial Nat. Bank of Detroit
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This was an action by the Commercial National Bank of Detroit, Mich., against the Warren-Scharf Asphalt Paving Company, a corporation of the state of New York, but having an office and agency at Detroit.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This was an action by the Commercial National Bank of Detroit, Mich., against the Warren-Scharf Asphalt Paving Company, a corporation of the state of New York, but having an office and agency at Detroit. The action was brought for the purpose of recovering §10,000, with interest, alleged to have been advanced or paid out on account of the said Warren-Scharf Asphalt Paving Company under the following circumstances: First. On the 10th of July, 1897, one C. R. England, being at that time the local agent and…
1Opinion of the CourtLurton, Circuit Judge
The authority expressly conferred upon England included the power to “indorse and sign checks.” The evidence shows that remittances were several times made to Mm from the New York office of the company by checks payable to its own order. To utilize them, an indorsement was essential. An indorsement of a check purporting to be payable to the order of the paving company, for the purpose of either collection or deposit, implied a contract that the instrument itself and all antecedent indorsements were genuine. Story, Prom. Notes, §§ 135-380, 387; 4 Am. & Eng. Enc. Law (2d Ed.) 447; Harris v.…
2Cases cited4 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Turnbull v. . BowyerNew York Court of Appeals · 1869
- Onondaga County Savings Bank v. United StatesCourt of Appeals for the Second Circuit · 1894
3Cited by6 opinions
- First National Bank of Pukwana v. Brule National Bank of ChamberlainSouth Dakota Supreme Court · 1917
- Bank of Palo Alto v. Pacific Postal Tel. Cable Co.U.S. Circuit Court for the District of Northern California · 1900
- Crosby v. Loudoun National BankCourt of Appeals for the Fourth Circuit · 1956
- Agnes Dale Crosby v. The Loudoun National Bank of Leesburg, and the National Bank of Fairfax, Agnes Dale Crosby v. The Loudoun National Bank of Leesburg, Agnes Dale Crosby v. The Peoples National Bank of Leesburg, Agnes Dale Crosby v. The Peoples National Bank of Leesburg, and J. S. Buck, and Edward Beans and Henry Thompson, D/B/A Beans & ThompsonCourt of Appeals for the Fourth Circuit · 1956
- Capital Savings Bank & Trust Co. v. Inhabitants of Town of FraminghamCourt of Appeals for the First Circuit · 1917
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