Endlich v. Bank of Black Creek

Doubtless the plaintiff should have recovered on its complaint against the Bank of Black Creek. The deposit in that bank constituted it the debtor of the plaintiff. In order to discharge this debt it was incumbent on the bank to pay the amount thereof to some one authorized to receive it. It is elementary that payment to a person having no right to receive the money does not discharge the debt. Lochenmeyer v. Fogarty, 112 Ill. 572; McMahon v. German-American Nat. Bank, 111 Minn. 313, 127 N. W. 7; 29 L. R. A.n. s. 67. It is not claimed that Behnke had authority to indorse the certificate or to…