Crab v. Citizens' State Bank
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. . Action for debt. Judgment for defendant; plaintiff appealed. The relation between a bank and a depositor is purely one of debtor and creditor.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. . Action for debt. Judgment for defendant; plaintiff appealed. The relation between a bank and a depositor is purely one of debtor and creditor. (State v. Thum, 6 Ida. 323, 55 Pac. 858.) A bank is presumed to know the signature of its customers, and if it passes a forged check, it cannot, in the absence of negligence on the part of the depositor whose check it purports to be, charge the amount to his account. (5 Cyc. 544.) If the defendant’s officers, who have been paying the…
1Dissent
SULLIVAN, J.,
dissenting. — I dissent from the conclusion reached by the majority of the court. This case was tried by the court with a jury and upon all of the evidence and the instructions of the court, the jury found a verdict in favor of the defendant bank, which verdict and the judgment entered thereon was absolutely right, in my view of the matter. The general rule in regard to the relation existing between a bank and its depositors is correctly stated in the majority opinion, but the facts of this case bring it within a well recognized exception.
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2Cases cited7 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- First National Bank v. AllenSupreme Court of Alabama · 1893
- Myers v. Southwestern National BankSupreme Court of Pennsylvania · 1899
- National Bank of Commerce of Tacoma v. Tacoma Mill Co.Court of Appeals for the Ninth Circuit · 1910
- Brown v. Lynchburg National BankSupreme Court of Virginia · 1909
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