Bank of St. Albans v. Farmers & Mechanics Bank
Supreme Court of Vermont
Assumpsit, for monay had and received, and for money lent. Plea — Non assumpsit, and trial by jury. On the trial of the cause in the county court, the plaintiffs, to sustain the issue on- their part, gave in evidence a check, dated Feb. 18, 1836, drawn upon them, and in favor of James Wilson or bearer, for seven hundred dollars, purporting to have been signed by N. W. Kingman, which was endorsed as follows ; “ Pay to T. Hockley, cashT, or order, James Wilson.”
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Assumpsit, for monay had and received, and for money lent. Plea — Non assumpsit, and trial by jury. On the trial of the cause in the county court, the plaintiffs, to sustain the issue on- their part, gave in evidence a check, dated Feb. 18, 1836, drawn upon them, and in favor of James Wilson or bearer, for seven hundred dollars, purporting to have been signed by N. W. Kingman, which was endorsed as follows ; “ Pay to T. Hockley, cashT, or order, James Wilson.” “ Credit Farmers and Mechanics Bank, T. Hockley, cash’r.” The plaintiffs also introduced evidence tending to prove that the check was…
1Opinion of the Court
The opinion of the Court was delivered by
Phelps, J.
I am for myself fully satisfied, from the cases of Bree v. Holbech, Doug. 654, and Price v. Neal, Burr. 1354, that Lord Mansfield entertained the opinion, that there was no remedy against a person, who should innocently put off a forged security, but that, to enable the receiver to maintain an action in such case, something like fraud or mala fides must appear, or at least some culpable negligence on the part of the person putting oil the security. He seems to have held, that if both parties are equally innocent, there is no ground in equity…
2Cases cited1 opinion
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
3Cited by32 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- Farmers National Bank v. Farmers & Traders BankCourt of Appeals of Kentucky · 1914
- Thrall v. NewellSupreme Court of Vermont · 1847
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