Armstrong v. National Bank
Ohio Supreme Court
Error to the Circuit Court of Meigs County. The original action was a suit by Kate S. D. Armstrong against The Pomeroy National Bank to recover of the bank the sum of $450.00, due her upon a deposit she had made with the bank.
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Error to the Circuit Court of Meigs County. The original action was a suit by Kate S. D. Armstrong against The Pomeroy National Bank to recover of the bank the sum of $450.00, due her upon a deposit she had made with the bank. She averred that she had given a check payable to ■one William Brown or order, that had been procured from her by the fraudulent practices of one Grimes, who represented himself as acting for the. said Brown in the negotiation of a note; that there Avas no such person as Brown, and that the note was fraudulent, of all Avhich she'was ignorant at the time ; that Grimes…
1Opinion of the CourtMinshall, C. J.
This case is in its general features analogous to that of Dodge v. The National Exchange Bank, 20 Ohio St. 234, and should, as we think, be ruled by it. There a paymaster of the United States, who kept his account at the bank, drew his check on the bank in payment of an indebtedness of the United States to Frederick B. Dodge, and delivered it to the person who presented the certificate, he representing himself to be Dodge. This representation was false, and the person making it was a thief. Being a stranger to the paymaster, he at first refused to pay the claim to him, but on his assuring him…
2Cases cited3 opinions
- Lane v. KrekleSupreme Court of Iowa · 1867
- Ort v. FowlerSupreme Court of Kansas · 1884
- Rogers v. WareNebraska Supreme Court · 1873