Legal Opinion

McIntosh v. Lytle

Supreme Court of Minnesota

Decided January 3, 1880PublishedCited by 7 opinions

Appeal by plaintiff from a judgment of the district court for Ramsey county, the action having been tried before Wilkin, J., and dismissed on the defendant’s motion.

1Opinion of the CourtGileillan, C. J.

Action on a writing as follows: “$200. St. Paul, Minn., January 22, 1879.

“Dawson & Co., Bankers : Pay to the order of, on sight, two hundred dollars, in current funds. E. Lytle.’’

*337When presented to Dawson & Co., they refused payment, having been instructed so to do by the defendant.

A check must name or indicate a payee. Checks drawn payable to an impersonal payee, as to “bills payable” or order, or to a number or order, are held to be payable to bearer, on the ground that the use of the words “or order” indicates an intention that the paper shall be negotiable; and the mention of an impersonal…

2Cited by7 opinions

  1. American National Bank v. KerleyOregon Supreme Court · 1923
  2. Thompson v. RathbunOregon Supreme Court · 1889
  3. Hansen v. Northwestern National Bank of MinneapolisSupreme Court of Minnesota · 1928
  4. Pollack v. National Bank of CommerceMissouri Court of Appeals · 1912
  5. Smith v. WillingWisconsin Supreme Court · 1904

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