Western German Savings Bank v. Farmers & Drovers' Bank
Court of Appeals of Kentucky
Case 45—PETITION EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. CITED Kerr on Fraud and Mistake, p. 408. Littell’s Sel. Oas. 41. 9. Ala. 662. 2 Swan, 301, Guild v. Baldridge. 5 Humph. 529, Trigg v. Reid. 3 B. Mon. 514, Ray v. Bank of Kentucky. 1 Story, 172, Daniel v. Mitchell. I Wood & Minot, 90, Warner v. Daniels. 3 Story, 659, Hugh v. Richardson. 6 O. & T. 523, Atwood v. Small. 7 Paige, 124, Moffat v. Winslow. II Conn. 134, Segur v. Finley. 19 Ark. 522, Hill v. Bush.
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Case 45—PETITION EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. CITED Kerr on Fraud and Mistake, p. 408. Littell’s Sel. Oas. 41. 9. Ala. 662. 2 Swan, 301, Guild v. Baldridge. 5 Humph. 529, Trigg v. Reid. 3 B. Mon. 514, Ray v. Bank of Kentucky. 1 Story, 172, Daniel v. Mitchell. I Wood & Minot, 90, Warner v. Daniels. 3 Story, 659, Hugh v. Richardson. 6 O. & T. 523, Atwood v. Small. 7 Paige, 124, Moffat v. Winslow. II Conn. 134, Segur v. Finley. 19 Ark. 522, Hill v. Bush. CITED Story’s Equity, secs. 141, 146, 147, 149-151, 191, 408, 410, 432. Benjamin on Sales, 323. 3 Bibh, 261. Sugden on…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion oe the court.
On the 16th of September, 1873, a man, under the assumed name of R. M. Norton, with a letter of introduction purporting to be from Morgan & Sons, of New York, presented a forged check, payable to himself, for thirteen thousand dollars on the Ninth National Bank of New York, at the counter of the Farmers and Drovers’ Bank, in the city of Louisville, and had the amount placed to his credit on the books of that bank. He then drew from that bank upon the faith of this check the surii of sixty-five hundred dollars. On the same day, and about the same…
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