Noble v. Doughten
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. Noble & Co., of Topeka, Kan., being indebted to William Doughten, of Philadelphia, made remittance by means of their check on Gilman, Son & Company, bankers, of New York. The check was forwarded from Philadelphia to New York, and when presented was taken up by Gilman, Son & Company with their own check on the Western National Bank, of New York.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. Noble & Co., of Topeka, Kan., being indebted to William Doughten, of Philadelphia, made remittance by means of their check on Gilman, Son & Company, bankers, of New York. The check was forwarded from Philadelphia to New York, and when presented was taken up by Gilman, Son & Company with their own check on the Western National Bank, of New York. Before the latter check was presented Gilman, Son & Company failed. The payee of the check on the Western National Bank then repossessed itself of the Noble & Co. check and caused it to…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J.:
This controversy arose over a bank-check. The instrument was an order upon a banking-house for the unconditional payment, instantly upon demand, of a specified sum of money to the order of a person named, and purported to be drawn upon a deposit of funds. (The State v. Warner, 60 Kan. 94, 96, 55 Pac. 342; 7 Cyc. 529.)
The check was sent to the payee for the purpose of satisfying an obligation due him from the drawers. The delivery of the check did not pay the debt, and its acceptance did not constitute even prima facie evidence of payment.…
2Cases cited24 opinions
- Burton v. United StatesSupreme Court of the United States · 1905
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
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3Cited by23 opinions
- Federal Reserve Bank of Richmond v. MalloySupreme Court of the United States · 1924
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Old National Bank v. GibsonWashington Supreme Court · 1919
- Vickers v. Machinery Warehouse & Sales Co.Washington Supreme Court · 1920
- Scott v. W. H. McIntyre Co.Supreme Court of Kansas · 1914
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