Exchange Nat. Bank of Spokane v. Bank of Little Rock
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. At Law. Action by the Exchange National Bank of Spokane, Wash., against the Bank of Little Bock, Ark., to recover the amount of a draft raised after its issue by defendant. Judgment foi* defendant. Plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. At Law. Action by the Exchange National Bank of Spokane, Wash., against the Bank of Little Bock, Ark., to recover the amount of a draft raised after its issue by defendant. Judgment foi* defendant. Plaintiff brings error. Statement by SANBORN, Circuit Judge: The Exchange National Bank of Spokane, Wash., plaintiff in error, brings this writ of error to reverse a judgment of dismissal of an action brought by it against the Bank of Little Hock, Ark., the defendant in error, to recover the amount of a draft…
1Opinion of the CourtSanborn, Circuit Judge
There is a decided conflict of authorities over the question whether the maker of commercial paper or the innocent purchaser of it should bear the loss resulting from a fraudulent and unauthorized alteration in its terms or amount after its issuance and before its purchase, where the drawer or maker writes it so carelessly that the alteration may be made without exciting any suspicion of the forgery.
It is said that the drawer should suffer the loss, because his carelessness invites the forgery, on €he principle that where one of two innocent parties must suffer from the fault of a third he…
2Cases cited8 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- Burrows v. KlunkCourt of Appeals of Maryland · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Glasscock v. First National BankTexas Supreme Court · 1924
- Bank v. . BankSupreme Court of North Carolina · 1922
- First National Bank of Cushing v. KetchumSupreme Court of Oklahoma · 1918
- Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
- Bank of Herington v. WangerinSupreme Court of Kansas · 1902
2 more not listed; retrieve them via the Exa API.