Kahn v. Wolf

Wolf, being in business, had a bookkeeper named Hyams, and being about to go to St. Louis, left checks, signed b_y himself, payable to the order of llyams, to be used in his business. While Wolf was gone Hyams filled up one for the sum of $200, and indorsed it to Kahn; whether as payment of a debt of Hyams, received by Kahn in good faith, or as a loan from Hyams, we do not deem it necessary to inquire. If the former, Wolf never had a cause of action against Kahn. Tiedeman, Com. Pap., Sec. 283. If the latter, it was a loan by Hyams, and a joint tort by him and Kahn, which tort Wolf might waive…