First National Bank v. Bank of Cottage Grove
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is an appeal from a judgment sustaining a demurrer to each cause of action in a case wherein the First National Bank of Cottage Grove is plaintiff and the Bank of Cottage Grove is defendant, and dismissing the action.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is an appeal from a judgment sustaining a demurrer to each cause of action in a case wherein the First National Bank of Cottage Grove is plaintiff and the Bank of Cottage Grove is defendant, and dismissing the action. The plaintiff, for its first cause of action, after the allegations of the corporate existence of plaintiff and defendant, sets forth: “That the plaintiff and defendant during all the times herein mentioned were banking corporations located and doing business in the City of Cottage Grove, in the county of…
1Opinion of the CourtJustice Bean
It will be noticed that there is no allegation that defendant knew or suspected the checks were forged. Nor is defendant charged with any act of negligence in failing to make proper inquiry as to the genuineness of the checks, or that plaintiff was misled through any fault of defendant. It was assumed, upon the argument of counsel, that plaintiff acted in entire good faith, and it is conceded that there are no special circumstances connected with the case, such as the ability to obtain the money from the persons committing the fraud.
The question is whether a banker, upon whom a check or bill…
2Cases cited26 opinions
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- Farmers' & Merchants' Bank v. Bank of RutherfordTennessee Supreme Court · 1905
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Figuers v. FlyTennessee Supreme Court · 1916
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- Cherokee Nat. Bank v. Union Trust Co.Supreme Court of Oklahoma · 1912
- Security Etc. Bk. v. Southern Etc. Bk.California Court of Appeal · 1925
- South Boston Trust Co. v. LevinMassachusetts Supreme Judicial Court · 1924
14 more not listed; retrieve them via the Exa API.