Atlanta National Bank v. Burke
Supreme Court of Georgia
Banks. Deposits. Forgery. Indorsement.. Diligence. Debtor and creditor. Interest. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1888. On January 25, 1884, Burke, acting for Mrs. Cotting, took from R. II. Knapp a promissory note payable one year after date to Mrs. Cotting, and a deed to secure it, both signed by Euphemia Knapp, the wife of R. H. Knapp, and gave to R. H. Knapp a check payable to Mrs. Euphemia Knapp.
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Banks. Deposits. Forgery. Indorsement.. Diligence. Debtor and creditor. Interest. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1888. On January 25, 1884, Burke, acting for Mrs. Cotting, took from R. II. Knapp a promissory note payable one year after date to Mrs. Cotting, and a deed to secure it, both signed by Euphemia Knapp, the wife of R. H. Knapp, and gave to R. H. Knapp a check payable to Mrs. Euphemia Knapp. This check, with the names of Euphemia Knapp and R. II. Knapp written on the back, was presented at the bank by R. II. Knapp on January 26,1884, and the money…
1Opinion of the Court
Blandford, Justice.
1. It is contended by counsel for the bank that, inasmuch as Knapp had palmed off' on Burke a forged note *599and forged deed purporting to be signed by his wife, Mrs. Euphemia Knapp, Burke is precluded from complaining of the payment by the bank of the check drawn by Burke in favor of Mrs. Knapp, upon the forged indorsement of her name by Knapp. And it is further contended that, inasmuch as Knapp’s indorsement was genuine and he was the last endorser, the bank was not bound to look to the genuineness of any preceding indorsement. The cases of Smith vs. Mechanics’ and Traders’…
2Cases cited2 opinions
- Smith v. Mechanics & Traders' BankSupreme Court of Louisiana · 1851
- Levy v. Bank of AmericaSupreme Court of Louisiana · 1872
3Cited by24 opinions
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Federal Deposit Insurance v. ThompsonCourt of Appeals of Georgia · 1936
- First National Bank v. American Surety Co.Court of Appeals of Georgia · 1944
- Williams v. American Surety CompanyCourt of Appeals of Georgia · 1950
- Darien Bank v. CliftonSupreme Court of Georgia · 1923
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