Drinkall v. Movius State Bank
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by John Drinkall against the Movious State Bank. Judgment for plaintiff, and defendant appeals. Appellant'indorsed his cashier’s check and delivered it in return for poker chips used in a gambling game and when he was intoxicated. He was at the bank when it was presented for payment and advised the cashier not to pay the same.
Read the full summary
Appeal from District Court, Richland County; Lauder, J. Action by John Drinkall against the Movious State Bank. Judgment for plaintiff, and defendant appeals. Appellant'indorsed his cashier’s check and delivered it in return for poker chips used in a gambling game and when he was intoxicated. He was at the bank when it was presented for payment and advised the cashier not to pay the same. Pie did not deny his indorsement and gave no reason to the cashier why it should not be paid. There is nothing to indicate that the bank or its officers tried to avoid notice or prevented the plaintiff from…
1Opinion of the CourtYoung, J.
The plaintiff in the action, John Drinkall, seeks to recover from the defendant, the Movius State Bank, a state banking corporation organized under the banking laws of this state, and doing business in the village of Lidgerwood, the sum of $200 and interest, as due and unpaid, on a certain cashier’s check or certificate of deposit issued by the defendant to the plaintiff on the 18th day of December, 1899. The defense interposed is payment to the holder and owner thereof in due course of business. The case was *13tried to a jury, and a verdict returned for plaintiff for the full amount claimed.…
2Cases cited23 opinions
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Atwood v. FiskMassachusetts Supreme Judicial Court · 1869
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Chapin v. DakeIllinois Supreme Court · 1870
18 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Apache Corp. v. MDU Resources Group, Inc.North Dakota Supreme Court · 1999
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- J. E. Burke & Co. v. BuckNevada Supreme Court · 1909
- Pennsylvania v. Curtiss National Bank of Miami SpringsCourt of Appeals for the Fifth Circuit · 1970
- Hoss v. United StatesCourt of Appeals for the Eighth Circuit · 1916
43 more not listed; retrieve them via the Exa API.