National Bank of North America v. Bangs
Massachusetts Supreme Judicial Court
Contract against the members of the firm of E. D. & G. W. Bangs & Company, to recover back money paid by the plaintiffs on a forged check; submitted to the judgment of the court on these facts agreed: “ The defendants, on September 21, 1869, took of some person (whom they do not remember, and did not remember when they were first notified of the alleged forgery, and could not then tell whether he was a stranger to them or a person known to them) in good faith and for full…
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Contract against the members of the firm of E. D. & G. W. Bangs & Company, to recover back money paid by the plaintiffs on a forged check; submitted to the judgment of the court on these facts agreed: “ The defendants, on September 21, 1869, took of some person (whom they do not remember, and did not remember when they were first notified of the alleged forgery, and could not then tell whether he was a stranger to them or a person known to them) in good faith and for full value, in payment for gold sold by them in the usual course of their business, a check payable to their order, of which…
1Opinion of the CourtWells, J.
This suit is brought to recover money paid upon a check purporting to be drawn by one Bickford upon the plaintiff bank, to the order of the defendants, indorsed by them, deposited with their banker, and collected through the clearinghouse. The signature of the drawer proved to be a forgery. As the discovery of the forgery was not made in time to enable the plaintiff to return the check, as of absolute right, under the rules of the clearing-house, we think the case must stand as if the payment had been made directly at the plaintiff’s counter, in the ordinary mode.
The right of return, secured…
2Cases cited4 opinions
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- Merchants' National Bank v. National Eagle BankMassachusetts Supreme Judicial Court · 1869
- Levy v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1802
- Boylston National Bank v. RichardsonMassachusetts Supreme Judicial Court · 1869
3Cited by54 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
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