McCarty v. First Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Romain- Boyd, Judge. Action by W. O. McOarty against the First National Bank of Birmingham in assumpsit. Judgment for défendant, and plaintiff appeals. Reversed and remanded. The plaintiff sues to recover $7,290 alleged to be due him from the hank as a balance on his checking account carried with the bank.
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Appeal from Circuit Court, Jefferson County ; Romain- Boyd, Judge. Action by W. O. McOarty against the First National Bank of Birmingham in assumpsit. Judgment for défendant, and plaintiff appeals. Reversed and remanded. The plaintiff sues to recover $7,290 alleged to be due him from the hank as a balance on his checking account carried with the bank. The bank paid out the amount in question upon a series of checks, drawn in the name of the plaintiff, and shown to have been forgeries. The bank denies any liability for this money, on the ground that the plaintiff was guilty of negligence in…
1Opinion of the CourtSomeryille, J.
[1,2] In the case of First National Bank v. Allen, 100 Ala. 476, 14 South. 335, 27 L. R. A. 426, 46 Am. St. Rep. 80, it was vsaid:
“The correct principles by which the respective liabilities of the'bank and depositor are determined are these: The bank is bound to know the signature of its depositors, and the payment of a forged check, however skillfully executed, cannot be debited against the depositor. From the relations the depositor and the bank bear towards each other, there is a duty also upon the depositor to examine his accounts and vouchers, and to make known to the bank any improper…
2Cases cited4 opinions
- First National Bank v. AllenSupreme Court of Alabama · 1893
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- National Dredging Co. v. PresidentSupreme Court of Delaware · 1908
- Hammerschlag Mfg. Co. v. Importers' & Traders' Nat. BankCourt of Appeals for the Second Circuit · 1919
3Cited by11 opinions
- Weaver Construction Co. v. Farmers National BankSupreme Court of Iowa · 1962
- Herbel v. Peoples State BankSupreme Court of Kansas · 1951
- Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami Springs, Etc.Court of Appeals for the Fifth Circuit · 1971
- Benge v. Michigan National BankMichigan Supreme Court · 1954
- Rudisill Soil Pipe Co. v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1932
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