Rouvant v. San Antonio National Bank
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. William 0. Igel brought this suit to recover §550 claimed to be a balance of a deposit still due him. The bank claimed that it had paid out the amount to appellant on a draft drawn in his favor by Igel, and set forth the draft. Igel claimed that the draft was a forgery.
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. William 0. Igel brought this suit to recover §550 claimed to be a balance of a deposit still due him. The bank claimed that it had paid out the amount to appellant on a draft drawn in his favor by Igel, and set forth the draft. Igel claimed that the draft was a forgery. The bank then made Rouvant a party, claiming that the money had been paid to him by reason of his having received and indorsed the draft, etc., and prayed for judgment over against him, in the event Igel recovered against it. Rouvant claimed that the bank ought to…
1Opinion of the Court
Watts, J. Com. App.
A bank, in accepting and paying a draft drawn by a customer, is generally held to know the signature, and, if a forged draft is accepted and paid, the bank, as a general rule, will not be heard to assert a mistake as to the signature. City Bank v. National Bank, 45 Tex., 218; Price v. Neal, 3 Burr., 1354; Levy v. Bank of the United States, 1 Binn., 27.
To that general rule, however, there are certain exceptions. In National Bank of North America v. Bangs, 106 Mass., 444, it was said: “ But this responsibility, based upon presumption alone, is decisive only when the party…
2Cases cited3 opinions
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
- City Bank of Houston v. First National BankTexas Supreme Court · 1876
- Levy v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1802
3Cited by15 opinions
- First National Bank of Danvers v. First National Bank of SalemMassachusetts Supreme Judicial Court · 1890
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- People's Bank v. Franklin BankTennessee Supreme Court · 1889
- Aetna Life & Casualty Co. v. Hampton State BankCourt of Appeals of Texas · 1973
- First Nat. Bank of Winnsboro v. First Nat. Bank of QuitmanTexas Commission of Appeals · 1927
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