Kershaw v. Ladd
Oregon Supreme Court
From Multnomah : E. D. Shattuck, Judge. This is an action by Andrew Kershaw to recover damages for alleged negligence on the part of Ladd & Tilton in the attempted collection of a check drawn by plaintiff in their favor upon the United States Banking Oo. The defendants are bankers, located at Portland, and the United States Banking Co. at Sheridan, fifty miles distant.
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From Multnomah : E. D. Shattuck, Judge. This is an action by Andrew Kershaw to recover damages for alleged negligence on the part of Ladd & Tilton in the attempted collection of a check drawn by plaintiff in their favor upon the United States Banking Oo. The defendants are bankers, located at Portland, and the United States Banking Co. at Sheridan, fifty miles distant. The plaintiff resided at Grand Ronde, some fifteen miles from Sheridan, and, on January 16, 1894, forwarded from there the check in question to the defendants at Portland, with instructions to collect, and remit a certificate…
1Opinion of the CourtChief Justice Wolverton
The question presented is whether the defendants were guilty of negligence in forwarding plaintiff’s check direct to the bank upon which it was drawn, and in retaining the evidence of indebtedness until it had closed its doors, and its property had been seized on attachment. The instrument was a plain, ordinary check, unindorsed, save as it may have been indorsed by the defendants prior to forwarding the same for collection and return. *379The engagement of the defendants was to collect and issue a certificate of deposit for the proceeds, drawing interest. There is some controversy as to whether…
2Cases cited18 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879
- Indig v. . National City BankNew York Court of Appeals · 1880
- Anderson v. GillCourt of Appeals of Maryland · 1894
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
- Spokane Valley State Bank v. LutesWashington Supreme Court · 1925
- First National Bank v. HenningSupreme Court of Colorado · 1944
- Citizens' Bank v. First National BankSupreme Court of Iowa · 1907
8 more not listed; retrieve them via the Exa API.