Aebi v. Bank of Evansville
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Plaintiff, a farmer residing about five miles from Evansville, kept account in defendant bank. It tvas accustomed to-receive checks payable to his order upon the faith of his in-dorsement, and credit them to him as cash, and collect them without charge, and in ease of dishonor to charge the checks-back to him on his account.
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Appeal from a judgment of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. Plaintiff, a farmer residing about five miles from Evansville, kept account in defendant bank. It tvas accustomed to-receive checks payable to his order upon the faith of his in-dorsement, and credit them to him as cash, and collect them without charge, and in ease of dishonor to charge the checks-back to him on his account. On September 14, 1901, plaintiff received a check dated August 31, 1901, from one Speich,. a cheese dealer at Brodhead, upon the bank at that city, seventeen miles distant fyom…
1Opinion of the CourtDodge, J.
We have no doubt of the correctness of the ■court’s finding of fact that by the general indorsement of the ■check in question, its acceptance by the bank, and the credit of the amount as cash to the plaintiff in his general account to be checked against as he saw fit, with nothing to qualify the effect of such acts, the bank became the owner of the check, as distinguished from a mere agent to collect the same •on behalf of the plaintiff. All of the acts above recited prima *77facie indicate tbe discount and completed transfer of the-check. 2 Morse, Banks & B. § 573; Shawmut Nat. Bank v. Manson,…
2Cases cited15 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Taft v. Quinsigamond National BankMassachusetts Supreme Judicial Court · 1899
- Shipsey v. . Bowery National BankNew York Court of Appeals · 1875
- Shawmut National Bank v. MansonMassachusetts Supreme Judicial Court · 1897
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3Cited by24 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- State v. FergusonSupreme Court of Iowa · 1937
- In Re Liquidation of Canal Bank & Trust Co.Supreme Court of Louisiana · 1935
- City State Bank in Wellington v. National Bank of Commerce of AltusCourt of Appeals of Texas · 1953
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
19 more not listed; retrieve them via the Exa API.