Hunt v. Security State Bank
Oregon Supreme Court
From. Marion: George G. Bingham, Judge. Department 2. The defendant, The Security State Bank, is a corporation engaged in the banking business in "Wood-burn, Oregon. The plaintiff, John P. Hunt, opened a general deposit account in the bank and afterwards on January 24, 1917,'he drew a check directing the bank to pay $90 to the order of E. Burdick and delivered the check to the payee in Salem.
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From. Marion: George G. Bingham, Judge. Department 2. The defendant, The Security State Bank, is a corporation engaged in the banking business in "Wood-burn, Oregon. The plaintiff, John P. Hunt, opened a general deposit account in the bank and afterwards on January 24, 1917,'he drew a check directing the bank to pay $90 to the order of E. Burdick and delivered the check to the payee in Salem. On January 27, 1917, at about 8:30 a. m. the defendant received, through the mail, from the United States National Bank of Portland a “cash letter” and ten checks drawn on the Woodburn bank. The “cash…
1Opinion of the CourtHarris, J.
1. The defendant vigorously contends that it was entitled to a directed verdict. This contention proceeds upon the theory that the act of stamping the check “paid” followed by the act of placing it upon the spindle where all “paid” checks were kept until entries were made upon the books, after.having first ascertained that there were sufficient funds to the credit of the drawer and that the signature was genuine, operated as a charge against the drawer and as a credit to the holder of the check and amounted to payment. The plaintiff insists that the acts of the defendant did not effect a…
2Cases cited27 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- American Nat. Bank of Nashville v. MillerSupreme Court of the United States · 1913
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- Wisner v. First National BankSupreme Court of Pennsylvania · 1908
- Usher v. A. S. Tucker Co.Massachusetts Supreme Judicial Court · 1914
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