Kenneth Investment Co. v. National Bank of the Republic of St. Louis
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. (1) It is tire duty of the depositor, when he has received from the bank the pass-book and cancelled vouchers, to make or cause to be made within a reasonable time thereafter a reasonable examination of the same, and give the bank notice of any suspicious circumstance which would have been discovered had the examination been made.
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Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. (1) It is tire duty of the depositor, when he has received from the bank the pass-book and cancelled vouchers, to make or cause to be made within a reasonable time thereafter a reasonable examination of the same, and give the bank notice of any suspicious circumstance which would have been discovered had the examination been made. And the depositor is liable to the bank for any loss occasioned it by a failure on the part of the depositor to discharge this duty. Critten v. Bank, 171 N. Y. 219; Leather Manufacturers’ Bank…
1Opinion of the CourtBland, P. J.
— This is the second appeal of this ease. The opinion on the former appeal will be found in 96 Mo. App. 125, to which we refer for a statement of the controlling facts in the case. The issues on the retrial were submitted to the court without the intervention of a jury. The finding and judgment of the court were for the plaintiff. Defendant appealed. On the second trial the date and other particulars of all the checks forged by Ohatard and paid by the defendant bank were brought out and additional evidence was heard as to the character of the forgeries and the degree of diligence exercised by…
2Cases cited13 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Weisser v. . DenisonNew York Court of Appeals · 1854
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Frank v. . Chemical Nat'l Bank of N.Y.New York Court of Appeals · 1881
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3Cited by6 opinions
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- Deer Island Fish & Oyster, Co. v. First Nat. BankMississippi Supreme Court · 1933
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- East St. Louis Cotton Oil Co. v. Bank of SteeleMissouri Court of Appeals · 1918
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