Pennington County Bank v. First State Bank
Supreme Court of Minnesota
Action in the district court for Olay county to recover $1,200 alleged to have been paid by mistake upon a forged check. The facts are stated in the opinion.
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Action in the district court for Olay county to recover $1,200 alleged to have been paid by mistake upon a forged check. The facts are stated in the opinion. The complaint alleged that both James B. Calhoun and E. W. Davis were unknown to defendant, and in paying the check defendant was guilty of negligence in failing to have Davis identified in any manner, in failing to make due investigation to determine whether'Davis was the lawful owner of the check and to determine whether Calhoun actually indorsed it, all of which matters plaintiff assumed and rightly assumed defendant had carefully…
1Opinion of the CourtO’Brien, J.
In October, 1908, a stranger calling himself E. W. Davis, presented to the defendant bank at Moorhead, Minnesota, a check drawn upon the plaintiff bank at Bapid City, South Dakota, for $1,200, payable to the order of James B. Calhoun, and purporting to be a check of Joseph Jolly, a depositor of the plaintiff. The check wTas indorsed: “James B. Calhoun.” “E. W. Davis.” Without any information as to the check, except the statements made by Davis, the defendant took it for collection, stamped it: “For collection. Pay to the order of yourselves. First State Bank, Moorhead, Minn. O. J. Eittelsrud,…
2Cases cited10 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- Germania Bank of Minneapolis v. BoutellSupreme Court of Minnesota · 1895
- Commercial & Farmers' National Bank v. First National BankCourt of Appeals of Maryland · 1869
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
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- Goedhard v. FolstadSupreme Court of Minnesota · 1923
- First Nat. Bank of Quitman v. Wood CountyCourt of Appeals of Texas · 1927
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