Weaver v. Harrell

Hatcher, Judge:

This action involves the status of stale certified checks and also the position of a third party who has accepted them. The plaintiff, as holder, secured a judgment for the amount of the checks against the bank which certified them. The receiver of the bank prosecutes error.

On March 11, 1918, Mrs. Lucy O’Neal had on deposit with the Citizens National Bank of Philippi, over $5,-000.00. Her husband and general agent, S. L. O’Neal, signed her name to three checks bearing that date and payable to her order in the sum of $1,000.00 each, and had the bank certify them. The bank…