J. M. Houston Grocer Co. v. Farmers Bank
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. all the judges concurring, Judge Biggs in the result. When a bank pays a check on a forged indorsement of the payee or indorsee, the rightful owner may recover from it the amount thus paid. Nor will it be a sufficient excuse for the bank to allege payment to one who was not rightfully entitled to the money. Van Schaak on Bank Checks, p. 114; Tied, on Com. Pap., sec. 451, p. 737; 2 Rand, on Com.
Read the full summary
Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. all the judges concurring, Judge Biggs in the result. When a bank pays a check on a forged indorsement of the payee or indorsee, the rightful owner may recover from it the amount thus paid. Nor will it be a sufficient excuse for the bank to allege payment to one who was not rightfully entitled to the money. Van Schaak on Bank Checks, p. 114; Tied, on Com. Pap., sec. 451, p. 737; 2 Rand, on Com. Pap., sec. 1739, p. 854; 1 Morse on Banks and Bankg. [3 Ed.], sec. 248, p. 448; 1 Danl. on Neg. Insts,, see. 1364, p. 340; Talbot v.…
1Opinion of the CourtBond, J.
Plaintiff is engaged in the wholesale-grocery business in St. Louis. One of its customers was J. B. Smith, a retail grocer at Mt. Vernon, Missouri. The latter purchased goods of plaintiff through one Hampton, a traveling salesman, between July, 1895, and February, 1896. The president of the plaintiff corporation informed said Smith that it would be. proper for the latter to give his checks, payable to-plaintiff’s order, in settlement for purchases and deliver-*135the checks to said Hampton. Smith executed six checks in this manner, aggregating about $527.96, and delivered them to Hampton, who,…
2Cases cited5 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Pickle v. MuseTennessee Supreme Court · 1890
- Dowell v. Vandalia Banking Ass'nMissouri Court of Appeals · 1895
3Cited by6 opinions
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Bell-Wayland Co. v. Bank of SugdenSupreme Court of Oklahoma · 1923
- Universal Carloading & Distributing Co. v. South Side BankMissouri Court of Appeals · 1930
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- East St. Louis Cotton Oil Co. v. Bank of SteeleMissouri Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.