Continental National Bank v. Metropolitan National Bank
Appellate Court of Illinois
Assumpsit, for money paid by mistake. Appeal from the Circuit Court of Cook County;.the Hon. Oliver H. Horton, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902.
1Opinion of the CourtJustice Burke
The Continental National Bank seeks to recover money paid by it on a fraudulently raised check to the Metropolitan National Bank. The doctrine is well established that wher'e money is paid through mistake by a bank upon a raised or altered check, it may be recovered back by the party to whom it was paid as having been paid without consideration. 2 Daniel on Negotiable Instruments, Sec. 1661. The draft in question was certified by appellant and then raised. But its certification of the check does not preclude the bank from showing an alteration made before attaching its certificate.
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2Cases cited9 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- First National Bank v. RickerIllinois Supreme Court · 1874
- Schrœder v. HarveyIllinois Supreme Court · 1874
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3Cited by5 opinions
- Ahsmuhs v. BowyerSupreme Court of Oklahoma · 1913
- American Surety Co. v. Industrial Savings BankMichigan Supreme Court · 1928
- Bartlett v. First National BankAppellate Court of Illinois · 1910
- Miller v. Lake View State BankAppellate Court of Illinois · 1926
- Geering v. Metropolitan BankAppellate Division of the Supreme Court of the State of New York · 1915