Anderson v. Rodgers
Supreme Court of Kansas
Error from, Hamilton. District Court. This action was brought on a check, of which the following is a copy: “Richfield, Kas., December 9, 1889. “Bank of Richfield: Pay to S. H. Rodgers, or order, two hundred and fifty dollars, to apply on lumber bill, Morton county courthouse. J. M. Anderson.”
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Error from, Hamilton. District Court. This action was brought on a check, of which the following is a copy: “Richfield, Kas., December 9, 1889. “Bank of Richfield: Pay to S. H. Rodgers, or order, two hundred and fifty dollars, to apply on lumber bill, Morton county courthouse. J. M. Anderson.” “ $250.” The case was tried on an agreed statement of facts, which is as follows: “That on the 9th day of December, 1889, defendant was indebted to plaintiff in the sum of $250; that on said 9th day of December, 1889, defendant executed the check, a copy of which is set forth in the petition, and…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The only question we deem it necessary to consider is, whether the negligence of Rodgers and his agent, the Hamilton County Bank, in sending the check directly to the drawee, operates, under the facts agreed upon, to discharge Anderson from liability. It is true, as was said by this court in Gregg v. George, 16 Kas. 546, that—
“ In order to charge the drawee of a check, the same strict rule of diligence in making demand and giving notice of nonpayment does not obtain as in cases of ordinary bills of exchange. As a general rule, he is not…
2Cases cited6 opinions
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- German Nat. Bank v. BurnsSupreme Court of Colorado · 1889
- Daniels v. Kyle & BarnettSupreme Court of Georgia · 1846
- Gregg v. J. M. George & Co.Supreme Court of Kansas · 1876
- Ford v. McClungWest Virginia Supreme Court · 1872
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3Cited by21 opinions
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- American Exchange National Bank v. Metropolitan National BankMissouri Court of Appeals · 1897
- Kershaw v. LaddOregon Supreme Court · 1899
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