Dedham National Bank v. Everett National Bank
Massachusetts Supreme Judicial Court
Contract, by a bank to recover money paid to the defendant bank on two forged checks drawn on the plaintiff. Writ dated October 27, 1898. The trial in the Superior Court was before Braley, J., who reported the case for the consideration of this court. By the report it appeared that the checks paid by the plaintiff were both drawn upon the Dedham National Bank of Dedham, were made payable “ to the order of cash ” and were signed “ W. J. Clancy.”
Read the full summary
Contract, by a bank to recover money paid to the defendant bank on two forged checks drawn on the plaintiff. Writ dated October 27, 1898. The trial in the Superior Court was before Braley, J., who reported the case for the consideration of this court. By the report it appeared that the checks paid by the plaintiff were both drawn upon the Dedham National Bank of Dedham, were made payable “ to the order of cash ” and were signed “ W. J. Clancy.” Beneath each were the words “Payable through Boston Clearing House.” The first, dated July 30,1897, was for $150, and the second, dated September…
1Opinion of the CourtHolmes, C. J.
This is an action to recover the amount of two forged checks on the plaintiff bank paid by it to the defendant. Both checks were drawn payable to cash and were without indorsement. Both were presented for deposit to the account of Fenno, a depositor in the defendant bank, by the depositor’s clerk, who is found to have been the forger, the first on July 31, the second on September 4, 1897. At the time of depositing the first, which was for $150, the clerk asked for and received $50 cash, for Fenno, as he said, and on depositing the second, which was for $200, he got $100 in the same way. The…
2Cases cited8 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- 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
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- Welch v. GoodwinMassachusetts Supreme Judicial Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- United States v. National Exchange Bank of BaltimoreSupreme Court of the United States · 1926
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
20 more not listed; retrieve them via the Exa API.