Dow v. Stockport Savings Bank

-As the case comes here, the only item in question is a charge made by defendant to plaintiff’s account, of $5,518.19. Defendant claims the credit because of its having paid a sight draft for that amount, drawn by Keller upon plaintiff, to pay the balance a note °f $10,000 held by Keller, and signed by plaintiff and by J. H. McCarty, who was the president of the defendant bank. The record shows no semblance of authority to defendant to pay this sight draft. The defendant was not the holder of the $10,000 note, and therefore had no implied authority, as the holder of a note owed by plaintiff…