Minneapolis Sash & Door Co. v. Metropolitan Bank
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $316.68 damages, by reason of defendant’s negligence in failing to collect a check for that amount.
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Action in the district court for Hennepin county to recover $316.68 damages, by reason of defendant’s negligence in failing to collect a check for that amount. The case was tried before Lancaster, J., whose finding of facts included the following, among others: The plaintiff was a depositor in defendant bank; and, when plaintiff opened its account with defendant, it delivered to plaintiff a pass book on which was printed the following notice, to-wit: “This bank, in receiving checks or drafts on deposit, or for collection, acts only as your agent, and, when forwarding items to other points, we…
1Opinion of the CourtCollins, J.
On the admitted facts in this case, the only question necessarily 'to be determined, in our opinion, is whether defendant bank, doing business at Minneapolis, was negligent when it sent by mail, and for collection, the Norton check directly to the bank of Mapleton, 117 miles distant, upon which bank the check was drawn; loss having resulted by reason of the adoption of this method of presenting the paper for payment. The defendant seeks to justify its procedure upon the ground that it had restricted its liability to its depositors, when collecting checks and drafts, by means of the notice…
2Cases cited5 opinions
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- German Nat. Bank v. BurnsSupreme Court of Colorado · 1889
- Western Wheeled Scraper Co. v. SadilekNebraska Supreme Court · 1897
- G. N. Wagner & Bro. v. CrookSupreme Court of Pennsylvania · 1895
3Cited by13 opinions
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Bimberg v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1944
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Leach v. Citizens' St. Bank of ArthurSupreme Court of Iowa · 1926
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