Benjamin v. Welda State Bank
Citations
- 98 Kan. 361
- 158 P. 65
- 1916 Kan. LEXIS 88
Syllabus
<p>SYLLABUS BY THE. COURT.</p> <p>1. Money — Fraudulently Obtained — Can Not be Recovered from Innocent Third Party. Money which has been obtained by fraudulent means, can not be reclaimed after its payment to one receiving it without notice of the fraud, although it is applied upon a preexisting debt without the surrender of any security.</p> <p>2. Sight Draft — Obtained by Fraud — Proceeds Can Not be Followed into Hands of Innocent Holder. Where one who has fraudulently obtained a check or draft delivers it to his creditor, although without endorsement, to be applied upon an existing debt, its proceeds when, collected and so applied are subject to the same rule.</p> <p>3. Same — Draft Fraudulently Obtained — Notice. The circumstances held not such as to charge a bank with notice that a draft delivered to it had been obtained by fraud.</p>
Judges: Mason
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Chicago Title & Trust Co. v. WalshAppellate Court of Illinois· 1975-11-20· cited 29×
- Knapp v. First Nat. Bank & Trust Co. of Oklahoma CityTenth Circuit· 1946-03-26· cited 21×
- Wiseman v. RichardsonSupreme Court of Kansas· 1941-11-08· cited 6×
- Hutton v. Link Oil Co.Supreme Court of Kansas· 1921-01-08· cited 4×
- Berg v. Citizens State BankSupreme Court of Kansas· 1929-01-12· cited 3×
- Osmond Kean, Inc. v. GrosvenorSupreme Court of The Virgin Islands· 1986-06-20· cited 1×
Cites
4 cases in this archive are cited by this case.
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