Legal Opinion

Richardson Grain Separator Co. v. East Hennepin State Bank

Supreme Court of Minnesota

Decided October 10, 1919No. 21,317PublishedCited by 3 opinions

Action in the district court for Hennepin county to recover $688.83 for negligence in collecting the amount of a check. The answer alleged that defendant forwarded the cheek in the usual course of business to the city of Chicago through its correspondent and in so doing exercised ordinary care and diligence, and that the failure of the bank in Chicago upon which said check was drawn to pay the same did not occur through any fault or negligence on the part of defendant;…

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Action in the district court for Hennepin county to recover $688.83 for negligence in collecting the amount of a check. The answer alleged that defendant forwarded the cheek in the usual course of business to the city of Chicago through its correspondent and in so doing exercised ordinary care and diligence, and that the failure of the bank in Chicago upon which said check was drawn to pay the same did not occur through any fault or negligence on the part of defendant; quoted the condition printed on plaintiff’s deposit book to the effect that defendant bank in receiving collections acts only…

1Opinion of the CourtHallam, J.

This action is brought against defendant bank to recover damages for delay in presentment of a check for payment. The court found that defendant exercised due diligence in handling the check and gaye judg*422ment for defendant. The question on this appeal is, does the evidence, sustain this finding.

1. The check was drawn by a Chicago firm on a Chicago bank and in favor of plaintiff, a Minneapolis corporation. Plaintiff received the check at Minneapolis by mail June 25, 1917. The .same day plaintiff mailed the check to defendant, a small “outlying bank” in Minneapolis, as the court found, for…

2Cases cited10 opinions

  1. Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
  2. Fegley v. McDonaldSupreme Court of Pennsylvania · 1879
  3. Plover Savings Bank v. MoodieSupreme Court of Iowa · 1906
  4. Sublette Exchange Bank v. FitzgeraldAppellate Court of Illinois · 1912
  5. First National Bank v. Buckhannon BankCourt of Appeals of Maryland · 1895

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3Cited by3 opinions

  1. Joppa v. Clark Commission Co.Oregon Supreme Court · 1929
  2. Holdingford Milling Co. v. Hillman Farmers Co-Operative CreamerySupreme Court of Minnesota · 1930
  3. Peterson v. School District No. 14Supreme Court of Minnesota · 1925

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