Legal Opinion

Cochran v. Atchison

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 4 opinions

Error from Johnson District Court. Action by Atchison against Cochran, to recover $151.30 paid to a false and spurious payee of a draft. The essential facts are: On the 17th day of November, 1880, the assistant cashier of the First National bank of Pueblo, Colorado, mailed a draft, of which the following is a copy: “ Colorado —No. 49,009 —Duplipate —Unpaid.

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Error from Johnson District Court. Action by Atchison against Cochran, to recover $151.30 paid to a false and spurious payee of a draft. The essential facts are: On the 17th day of November, 1880, the assistant cashier of the First National bank of Pueblo, Colorado, mailed a draft, of which the following is a copy: “ Colorado —No. 49,009 —Duplipate —Unpaid. First National bank, Pueblo, Nov. 17,1880, pay to the order of W. W. Owens, Esq., one hundred fifty-one and 30-100 dollars in current funds. Robert F. Lytle, Assistant Cashier. “To bank of Kansas City, Kansas City, Mo. $151.30, ü. S. Int.…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Plaintiff in error alleges that the action brought by defendant in error against him cannot be sustained, because, as he contends, he is not liable upon the bill of exchange as indorser, guarantor, or otherwise. He also alleges that if he was the indorser of the bill, he is not liable, as the bill was paid upon presentment, and if it had not been, no recovery could be had against him, as no steps were taken to charge him as indorser. He further submits that he is not liable for the money paid to the false and spurious payee, as he…

2Cited by4 opinions

  1. Rowe v. PalmerSupreme Court of Kansas · 1883
  2. Beattie v. National BankIllinois Supreme Court · 1898
  3. State v. JohnsonSupreme Court of Kansas · 1905
  4. Buck v. HutchinsSupreme Court of Minnesota · 1891

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