American Bonding Co. v. State Savings Bank
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by tbe American Bonding Company of Baltimore against the State Savings Bank. Judgment for defendant. Plaintiff appeals. The certificates upon which the money was drawn by the respondent were issued in the form prescribed by section 3179 of the Revised Codes. This court held in In re Farrell, 36 Mont. 254, 92 Pac. 785, that they were utterly void.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by tbe American Bonding Company of Baltimore against the State Savings Bank. Judgment for defendant. Plaintiff appeals. The certificates upon which the money was drawn by the respondent were issued in the form prescribed by section 3179 of the Revised Codes. This court held in In re Farrell, 36 Mont. 254, 92 Pac. 785, that they were utterly void. Not only were they a nullity, but the indorsement of the payee on each was a forgery, if forgery could have been predicated of them. The respondent had, accordingly, no…
1Opinion of the CourtJustice Holloway
From the first Monday of January, 1905, to the first Monday in January, 1909, W. E. Davies was the duly elected, qualified and acting clerk of the district court of Silver Bow county. During a portion of that period W. P. Farrell was his chief deputy. The American Bonding Company of Baltimore was the surety on Davies’ official bond. During the time Farrell was acting as deputy clerk he issued false and fictitious jurors’ certificates, none of which bore the imprint of the official seal, and these certificates, to the amount of $2,076, came into the possession of the State Savings Bank of…
2Cases cited8 opinions
- Fidelity Mutual Life Insurance v. ClarkSupreme Court of the United States · 1906
- County of Silver Bow v. DaviesMontana Supreme Court · 1910
- In re FarrellMontana Supreme Court · 1907
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1898
- National Surety Co. v. ArosinCourt of Appeals for the Eighth Circuit · 1912
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3Cited by26 opinions
- Meyers v. Bank of America National Trust and Savings Ass'nCalifornia Supreme Court · 1938
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Cooper, Myers & Co. v. SmithSupreme Court of Minnesota · 1918
- Davis v. WestphalMontana Supreme Court · 2017
- Washington Mechanics' Sav. Bank v. District Title Ins.Court of Appeals for the D.C. Circuit · 1933
21 more not listed; retrieve them via the Exa API.