Svendsen v. State Bank
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial. The refusal of a banker, who has sufficient funds of his customer for that purpose, to pay his order or draft, is a wrongful act, injurious to his credit, and entitles him to substantial damages, though no actual damages are proved. Eolin v. Steward, 14 C. B. 595; Patterson v. Marine Nat. Bank, 130 Pa.
Read the full summary
Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial. The refusal of a banker, who has sufficient funds of his customer for that purpose, to pay his order or draft, is a wrongful act, injurious to his credit, and entitles him to substantial damages, though no actual damages are proved. Eolin v. Steward, 14 C. B. 595; Patterson v. Marine Nat. Bank, 130 Pa. St. 419, 18 Atl. 632; Schaffner v. Ehrman, 139 111. 109, 28 N. E. 917; Bank of Commerce v. G-oos, 39 Neb. 437, 58 N. W. 84; 3 Am. & Eng. Enc. Law, 225, 226; 1 Sutherland,…
1Opinion of the CourtCanty, J.
During the time covered by the transactions hereinafter mentioned plaintiff was carrying on a mercantile business in Duluth, and the defendant was carrying on a banking business in that city. Plaintiff was a customer of the defendant, and kept a deposit in its bank, which he was in the habit of drawing out by means of checks, and which was held by the bank for the purpose •of paying such checks. He had drawn on the bank a check for $42.15 in favor of one firm, and another for $54.60 in favor of another firm. These checks came through the clearing house, and were on October 20, 1893, presented…
2Cases cited4 opinions
- Patterson v. Marine N. BankSupreme Court of Pennsylvania · 1889
- Schaffner v. EhrmanIllinois Supreme Court · 1891
- Bank of Commerce v. GoosNebraska Supreme Court · 1894
- Brooke v. Tradesmen's National BankNew York Supreme Court · 1893
3Cited by18 opinions
- Weaver v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1963
- Wiley v. Bunker Hill National BankMassachusetts Supreme Judicial Court · 1903
- Crocker-Woolworth National Bank v. Nevada BankCalifornia Supreme Court · 1903
- Siminoff v. Jas. H. Goodman & Co. BankCalifornia Court of Appeal · 1912
- J. M. James Co. v. BankTennessee Supreme Court · 1900
13 more not listed; retrieve them via the Exa API.