Legal Opinion

Merchants' Bank v. Exchange Bank

Supreme Court of Louisiana

Decided December 15, 1840PublishedCited by 5 opinions

APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action to recover the sum of four thousand eight hundred dollars, the amount of an altered or forged check of two hundred and thirteen dollars and fifty cents, which had been changed and altered to five thousand and thirteen dollars and fifty cents.

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APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action to recover the sum of four thousand eight hundred dollars, the amount of an altered or forged check of two hundred and thirteen dollars and fifty cents, which had been changed and altered to five thousand and thirteen dollars and fifty cents. The plaintiffs allege, that on the 15th April, 1837, the Bank of Mobile drew a check on the plaintiffs, in New-York, for two hundred and thirteen dollars and fifty cents, payable to the order of G. D. Duncan, fifteen days after date, who endorsed it to the order of Thomas Thurstand. That…

1Opinion of the CourtMartin, J.

The defendants are appellants from a judgment, by which the plaintiffs recovered the sum of four thousand eight hundred dollars, alleged to have been paid through error. The general issue was pleaded.

The facts of the case are these : The defendants purchased a check, drawn by the Bank of Mobile on the plaintiffs, for the sum of two hundred and thirteen dollars and fifty cents, which had been altered so as to appear to be for the sum of five thousand and thirteen dollars and fifty cents. The check was paid for this apparent sum to the defendant’s agent The fraud having been afterwards…

2Cited by5 opinions

  1. Susquehanna Valley Bank v. . LoomisNew York Court of Appeals · 1881
  2. Manufacturers & Traders Trust Co. v. Bank of Louisiana in New OrleansLouisiana Court of Appeal · 1964
  3. State v. HartSupreme Court of Louisiana · 1894
  4. Mount Morris Bank v. LawsonCity of New York Municipal Court · 1894
  5. Pugh v. Moore, Hyams & Co.Supreme Court of Louisiana · 1892

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