First Nat. Bank v. Gibert

Citations

• 123 La. 845
• 49 So. 593
• 1909 La. LEXIS 792

Syllabus

<p>Monet Received (§ 9*) — Monet Wkongeullt Obtained — Recoveet.</p> <p>When money transferred to an honest taker has been obtained through a felony by the one transferring it, the honest taker, who receives it without knowledge of the felony and in due course of business, acquires a good title to it as against the one from whom it was stolen. Bad faith will alone defeat the right of the taker Mere ground of suspicion, or defect of title, or knowledge of circumstances which would create .suspicion in the mind of a prudent man, or (gross negligence on the part of the taker, will shot defeat his title. Bad faith alone will dei'feat the right of the taker without knowledge.</p> <p>The test is honesty and good faith, not diligence.</p> <p>[Ed. Note. — For other cases, see Money Received, Cent. Dig. § 31; Dec. Dig. § 9.*]</p> <p>(Syllabus by the Court.)</p>