Cravath v. Esterly
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. On the 1st of October, 1864, defendant executed three promissory notes, payable at three, four and five months respectively, to the order of S. C. Hall & Co., at the bank of Whitewater; the first being for $918.13, and each of the others for $900. These notes were indorsed to E. Corning & Co., were by them indorsed to the American Express • Company- (really for collection, though that was not expressed in the indorsement),…
Read the full summary
APPEAL from the Circuit Court for Walworth County. On the 1st of October, 1864, defendant executed three promissory notes, payable at three, four and five months respectively, to the order of S. C. Hall & Co., at the bank of Whitewater; the first being for $918.13, and each of the others for $900. These notes were indorsed to E. Corning & Co., were by them indorsed to the American Express • Company- (really for collection, though that was not expressed in the indorsement), and were paid by the bank when presented by said company at maturity, and were charged by the cashier to “ bills…
1Opinion of the CourtDixon, C. J.
We need not consider what the rights of the bank, or of the plaintiffs as its assignees, would have been, provided the notes had been paid by the bank on the sole ground that they were made payable there, and because of the implied request or authority in such cases that the bank shall pay and charge the same to the account of the maker of the notes. It appears that the defendant was not a customer of the bank, and had no money on deposit, or account or dealings with it; and it is contended in such case that there exists no request or authority for the bank to pay and charge the maker…
2Cited by1 opinion
- Greening v. PattenWisconsin Supreme Court · 1881