Legal Opinion

Farmers State Bank v. Union National Bank

North Dakota Supreme Court

Decided July 1, 1919PublishedCited by 3 opinions

Appeal from tbe District Court of Ward County, Leighton, J. Plaintiff appeals from a judgment and from an order denying & motion for a new trial. Section 6956, C. L. “Where it is payable on demand, presentment must be made within a reasonable time after its issue.” Pickett v.. Baird Inv.

Read the full summary

Appeal from tbe District Court of Ward County, Leighton, J. Plaintiff appeals from a judgment and from an order denying & motion for a new trial. Section 6956, C. L. “Where it is payable on demand, presentment must be made within a reasonable time after its issue.” Pickett v.. Baird Inv. Co. 22 N. D. 343, 2 N. & C. C. A. 722. The principle of law, that a bank is liable for the negligence of correspondents selected by it, seems to have been originally established, in the English case: Van Wert v. Wooley, 3 Barn. & C. 349. The above rule has been adopted in the following cases: Downer v.…

1Opinion of the Court

Christianson, Oh. J.

The controversy before us involves the liability of the defendant upon a check which it received from the plaintiff for collection in the ordinary course of banking business. The material facts are not in dispute. It appears that on or about September 8, 1913, the Blaisdell-Bird Company received a check from C. R. Merry, for the sum of $324.35, drawn on the Farmers & Merchants Bank of Park River. On September 11, 1913, the Blaisdell-Bird Company delivered the check to the plaintiff bank for deposit, and its checking account in said bank was duly credited with the amount of…

2Cases cited9 opinions

  1. Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
  2. First National Bank of Shreveport v. City National BankTexas Supreme Court · 1914
  3. McBride v. Illinois National BankAppellate Division of the Supreme Court of the State of New York · 1914
  4. McBride v. Illinois National BankAppellate Division of the Supreme Court of the State of New York · 1910
  5. Rialto Co. v. MinerMissouri Court of Appeals · 1914

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Transcontinental Oil Co. v. Federal Reserve BankSupreme Court of Minnesota · 1927
  2. State v. Bismarck BankNorth Dakota Supreme Court · 1928
  3. Verret v. State Bank of RollaNorth Dakota Supreme Court · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API