Johnson v. Evans
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $150 upon three checks issued in the name of defendant. The answer alleged that the person who drew the cheeks was discharged from the employ of defendant and on the same day he duly notified the bank on which the checks were drawn of said discharge, and notified the bank not to cash checks issued on behalf of defendant.
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Action in the district court for Hennepin county to recover $150 upon three checks issued in the name of defendant. The answer alleged that the person who drew the cheeks was discharged from the employ of defendant and on the same day he duly notified the bank on which the checks were drawn of said discharge, and notified the bank not to cash checks issued on behalf of defendant. The answer further alleged that the person drawing the checks was never at any time authorized by defendant to sign any check on that bank on behalf of defendant, except for the particular purpose of paying off…
1Opinion of the CourtSohaller, J.
The defendant Evans was doing contract work for the Milwaukee road in the vicinity of Big Stone City, South Dakota. He carried an account with the Gold & Company State B'ank of Big Stone City. Until July 7, *441914, one Emerson was Ms bookkeeper. On July 7, 1914, Emerson was discharged. On July 9, 1914, he drew three checks on the bank in the name of the defendant by himself as agent. The bank refused payment. Plaintiff owns the checks, and brings this action to recover their amounts. The court directed a verdict for the defendant, and the plaintiff appeals from the order denying his motion…
2Cases cited2 opinions
- Dispatch Printing Co. v. National Bank of CommerceSupreme Court of Minnesota · 1910
- Columbia Mill Co. v. National Bank of CommerceSupreme Court of Minnesota · 1893
3Cited by6 opinions
- Koivisto v. Bankers & Merchants Fire InsuranceSupreme Court of Minnesota · 1921
- Schauble v. HeddingSupreme Court of Minnesota · 1917
- Berryhill v. EllettCourt of Appeals for the Tenth Circuit · 1933
- Minneapolis Brewing Co. v. YahnkeSupreme Court of Minnesota · 1921
- Oakland Motor Car Co. v. Kremer Motor Co.Supreme Court of Minnesota · 1932
1 more not listed; retrieve them via the Exa API.