Brennan v. Merchants' & Manufacturers' National Bank
Michigan Supreme Court
Erroi’ to superior court of Detroit. (Chipman, J.) Assumpsit. Defendant brings error. The facts are stated in head-note 1.
1Opinion of the CourtCampbell, C. J.
This is a suit to recover from a bank money that it had before paid on the same check.
On the sixteenth day of September, 18S5, Mr. McLennan, ¡a Detroit business man, purchased certain merchandise of Thomas Walsh, and gave his check on defendant, the Merchants’ & Manufacturers’ National Bank of Detroit, for the amount, payable to Walsh’s order.
Walsh had a clerk named Phillips, who was his general agent, and had authority to receive, indorse, and otherwise deal with negotiable paper for Walsh, and this check was-put in his hands in payment for the goods by McLennan.^ Phillips at once put upon…
2Cases cited4 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Second National Bank v. WilliamsMichigan Supreme Court · 1865
- Matteson v. MorrisMichigan Supreme Court · 1879
3Cited by11 opinions
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- Sims v. American National BankSupreme Court of Arkansas · 1911
- Gale v. MayhewMichigan Supreme Court · 1910
- Sunderlin v. Mecosta County Savings BankMichigan Supreme Court · 1898
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