Boyd v. Mexico Southern Bank
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Gilchrist Porter, Judge. The plaintiff, claiming that he had received from the Mexico Southern Bank in part payment of a check on that bank, a United States treasury note for fifty dollars, which afterwards turned out to be a counterfeit, sued to recover the amount.
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Appeal from Pike Circuit Court. — Hon. Gilchrist Porter, Judge. The plaintiff, claiming that he had received from the Mexico Southern Bank in part payment of a check on that bank, a United States treasury note for fifty dollars, which afterwards turned out to be a counterfeit, sued to recover the amount. At the trial, the court, at the instance of the plaintiff, gave the following instruction: If the jury shall believe from the evidence in the cause, that defendant paid the bill in question to plaintiff, and that said bill in question is a counterfeit, and that plaintiff, in a reasonable time…
1Opinion of the CourtNapton, J.
— There are two questions presented by the instructions given and refused in this case, as will be seen by an examination of them, as presented in the statement of the case. The first one is, in our judgment, attended with no difficulty, being disposed as we are to follow the opinion of Judge Kent in Markle v. Hatfield, 2 Johns. 458, notwithstanding the criticisms of the Supreme Court of Michigan in Atwood v. Cornwall, 28 Mich. 333. “ It woa'd be a matter of regret,” we repeat the language of Ch. J. Kent, “if the law obliged us to regard a payment in counterfeit, instead of genuine bank…
2Cases cited5 opinions
- Dubois v. CampauMichigan Supreme Court · 1873
- Howe v. HuntingtonSupreme Judicial Court of Maine · 1839
- Simms v. ClarkIllinois Supreme Court · 1849
- Burrill v. Watertown Bank & Loan Co.New York Supreme Court · 1867
- Jackson v. Inhabitants of HampdenSupreme Judicial Court of Maine · 1839