City of St. Paul v. Merchants National Bank
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $8,313.81 upon spurious orders. The case was tried before Olin B. Lewis, J., who at the close of the testimony denied defendant’s motion to direct a verdict in its favor on the grounds: (1) That section 6378 precluded a recovery; (2) that the defense of an account stated was a Ml and Complete defense to the action (Scanlon-Gipson Lumber Go. r.
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Action in tbe district court for Ramsey county to recover $8,313.81 upon spurious orders. The case was tried before Olin B. Lewis, J., who at the close of the testimony denied defendant’s motion to direct a verdict in its favor on the grounds: (1) That section 6378 precluded a recovery; (2) that the defense of an account stated was a Ml and Complete defense to the action (Scanlon-Gipson Lumber Go. r. Germania Bank, 90 Minn. £78); (3) that the uncontroverted facts raised an estoppel against the city; (£) that the negligence of the city barred a recovery, the handling of funds by the city being…
1Opinion of the CourtQuinn, J.
Appeal by defendant from an order denying its motion for a new trial. The action was brought for the recovery of $8,222.01, paid by defendant upon vouchers issued by the plaintiff against its deposit account with the defendant, upon which the payees’ names were forged and which were spurious when issued.
The Merchants National Bank, during the years 1917 to 1920, both iu elusive, was a depository of city funds of the city of St. Paul. The city kept a large account with the bank subject to check during that time. Frank F. Roeller was, and for a number of years prior thereto' had been, employed…
2Cases cited7 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Frank v. . Chemical Nat'l Bank of N.Y.New York Court of Appeals · 1881
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
- Wallace v. Pierce-Wallace Publishing Co.Supreme Court of Iowa · 1897
- Grand Lodge of the Ancient Order of United Workmen v. State BankSupreme Court of Kansas · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
- Washington Loan & Trust Co. v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- Joseph Milling Co. v. First Bank of JosephOregon Supreme Court · 1923
- New York Casualty Co. v. SazenskiSupreme Court of Minnesota · 1953
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