First National Bank v. Harris
Massachusetts Supreme Judicial Court
Contract against partners doing business at Boston under the name of Horatio Harris & Company, on the firm’s check, dated November 10, 1870, upon the Second National Bank of Boston, for $1216.80, payable to the order of H. Johnson & Company, and indorsed in blank by them.
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Contract against partners doing business at Boston under the name of Horatio Harris & Company, on the firm’s check, dated November 10, 1870, upon the Second National Bank of Boston, for $1216.80, payable to the order of H. Johnson & Company, and indorsed in blank by them. Writ dated November 30,1870. The declaration alleged the making of the check by the defendants, its indorsement to the plaintiffs by H. Johnson & Company, due presentment of it by the plaintiffs for payment, the refusal of the Second National Bank of Boston to pay it, and due notice to the defendants of its dishonor. The…
1Opinion of the CourtChapman, C. J.
We cannot doubt that the plaintiffs had authority to buy checks. The power conferred on national banks by the U. S. St. of 1864, c. 106, § 8, expressly confers it, in the clause which authorizes them to discount and negotiate promissory notes,, drafts, bills of exchange and other evidences of debt. Dealing in checks is also a part of the usual business of banking, and would be within the general powers of a bank, without special mention. Nor is there any difference, in this respect, between a check payable to bearer and one payable to order. Nor does § 10 of the Gen. Sts. c. 53,* apply to…
2Cases cited1 opinion
- Ames v. MeriamMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Fealey v. . BullNew York Court of Appeals · 1900
- Johnson v. HarrisonIndiana Supreme Court · 1912
- Prescott National Bank v. ButlerMassachusetts Supreme Judicial Court · 1893
- Universal Supply Co. v. HildrethMassachusetts Supreme Judicial Court · 1934
- Shawmut National Bank v. MansonMassachusetts Supreme Judicial Court · 1897
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