Dana v. National Bank of the Republic
Massachusetts Supreme Judicial Court
Contract for money had and received, to recover the amount of a check drawn by the plaintiffs on the defendant, payable to the order of the Revere Sugar Refinery, and paid by the defendant without the order of the payee. At the trial in the Superior Court, before Putnam, J., the jury found for the plaintiffs, and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
The defendant received moneys from the plaintiffs under an agreement to pay on demand as called for by the plaintiffs’ checks. The plaintiffs drew a check payable to the order of the Revere Sugar Refinery, which was subsequently fraudulently altered, by erasing the name of the payee, so as to be payable to bearer, and the defendant paid the money upon it to Piper, the plaintiffs’ clerk, who was the fraudulent bearer. This was no payment to the plaintiffs, and they can recover the money, unless the defendant shows that the plaintiffs had given them reason to believe that Piper was authorized…
2Cited by38 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- First National Bank v. AllenSupreme Court of Alabama · 1893
- McCornack v. Central State BankSupreme Court of Iowa · 1926
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