Third National Bank v. Allen
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The notice was too late. (2 Pars. N. &B., 598 ;^9 Barn. & Or., 908, 9 ; 3 Id., 428.) II. Both parties being equally ignorant and innocent, plaintiff must remain the loser.
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Appeal from St. Louis Circuit Court. I. The notice was too late. (2 Pars. N. &B., 598 ;^9 Barn. & Or., 908, 9 ; 3 Id., 428.) II. Both parties being equally ignorant and innocent, plaintiff must remain the loser. (Gloucester Bank vs. Salem Bank, 17 Mass., 42; Price vs. Neale, 3 Burr., 1355; Smith vs. Mercer, 6 Taunt., 81.) One who pays money on forged paper, by discounting or cashing it, can always recover it back, provided that he has not contributed to the mistake by his own fault or negligence, and that by an immediate or sufficiently early notice lie has enabled the party to whom he paid…
1Opinion of the CourtWagner, Judge
This was a suit to recover the amount of a check drawn on and paid by the plaintiff, but altered before payment.
The facts, as they appear from the record, are substantially these: Thomas Bliodus & Co., a business firm keeping their accounts with the plaintiff, drew a check on it for $20, pay*312able to a strauger. On the day of the date of the check, a stranger, representing himself as an employee of Rhodus & Co., appeared at the counter of the defendants, who were private bankers, and negotiated for the purchase of a quantity of gold to be paid for in currency, and then retired. After-wards…
2Cases cited5 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- MbBride v. HaganNew York Supreme Court · 1828
- Koontz v. Central National BankSupreme Court of Missouri · 1873
3Cited by19 opinions
- Crocker-Woolworth National Bank v. Nevada BankCalifornia Supreme Court · 1903
- Bank of Williamson v. McDowell County BankWest Virginia Supreme Court · 1909
- State v. MasseySupreme Court of Missouri · 1918
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
- Canadian Bank of Commerce v. BinghamWashington Supreme Court · 1902
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