Crab v. Citizens' State Bank
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. . Action for debt. Judgment for defendant; plaintiff appealed. The relation between a bank and a depositor is purely one of debtor and creditor.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. . Action for debt. Judgment for defendant; plaintiff appealed. The relation between a bank and a depositor is purely one of debtor and creditor. (State v. Thum, 6 Ida. 323, 55 Pac. 858.) A bank is presumed to know the signature of its customers, and if it passes a forged check, it cannot, in the absence of negligence on the part of the depositor whose check it purports to be, charge the amount to his account. (5 Cyc. 544.) If the defendant’s officers, who have been paying the…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — It is clear that Brothers had no authority to cheek against appellant’s private account, and it is equally clear that the bank knew appellant’s name had been signed to the cheeks by Brothers, and that these checks were in fact intended to be drawn against the account of the Atlanta Mercantile Co.
The principle of law contended for by respondent and supported by Leather Mfrs. Nat. Bank v. Morgan, 117 U. S. 96, 6 Sup. Ct. 657, 29 L. ed. 811, First National Bank of Birmingham, v. Allen, 100 Ala. 476, 46 Am. St. 80, 14 So. 335, 27 L. R. A. 426, National Bank of…
2Cases cited5 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- First National Bank v. AllenSupreme Court of Alabama · 1893
- Myers v. Southwestern National BankSupreme Court of Pennsylvania · 1899
- State v. ThumIdaho Supreme Court · 1898
- National Bank of Commerce of Tacoma v. Tacoma Mill Co.Court of Appeals for the Ninth Circuit · 1910
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