Capital Savings Bank & Trust Co. v. Montpelier Savings Bank & Trust Co.
Supreme Court of Vermont
Assumpsit on a bank check. Plea, the general issue. 'Trial by court at the March Term, 1904, Washington County, Rowell, J., presiding. Judgment for the defendant on the facts found. The plaintiff excepted.
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Assumpsit on a bank check. Plea, the general issue. 'Trial by court at the March Term, 1904, Washington County, Rowell, J., presiding. Judgment for the defendant on the facts found. The plaintiff excepted. The court found that Harkness was a physician who located at Montpelier some three or four years before the trial; that he soon began to procure small loans at the plaintiff bank ■on notes signed by himself and purporting to be signed by H. S. Peck; that some of the notes, and perhaps all, were for .a time in fact signed by Peck; that these notes were paid and taken up' from- time to time…
1Opinion of the CourtStart, J.
The action is assumpsit, declaring on a bank check for one thousand dollars, issued by the defendant to W. R. Harkness, and by him indorsed to the plaintiff. The trial court found and filed its findings as is required by the statute. The check was obtained by Harkness from the de*194fendant by fraud, and was invalid as between Harkness and the defendant. The plaintiff claimed to recover as a bona ñde purchaser for value without notice of the fraud.
The court failed to find that the plaintiff, as a careful and prudent concern, had no reason to suspect when it took the check that it was invalid as…
2Cases cited8 opinions
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
- Passumpsic Savings Bank v. First National BankSupreme Court of Vermont · 1880
- John Roth & Co. v. Colvin, Allen & Co.Supreme Court of Vermont · 1859
- Ormsbee v. HoweSupreme Court of Vermont · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Ardmore State Bank v. MasonSupreme Court of Oklahoma · 1911
- Pierson v. HuntingtonSupreme Court of Vermont · 1909
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914