First State Bank v. Vogeli

Citations

• 78 Kan. 264
• 96 P. 490
• 1908 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Banks and Banking — Recovery of Amount of Check Paid— Forgery — Verdict and Findings Inconsistent. In an action by a depositor against a bank to recover the amount of a check, which it was alleged was forged, the jury returned a verdict for the plaintiff and a special finding that they were unable to agree whether the signature 'to the check was written by the plaintiff. Held, that it was error to refuse to set aside the verdict and to render judgment thereon.</p> <p>2. - Check Written on Blank of Another Bank. ■ It is not negligence for a bank to pay a check written on the blank of another bank without making inquiry.</p> <p>3. -Body of Check and Signature — Handwriting. Neither any rule of law nor the ordinary course of business renders it a matter of suspicion that the body of a check is not written in the handwriting of the maker.</p> <p>4. - Negligent Payment of a Check — Evidence. None of the facts found by the jury were sufficient to constitute negligence on the part of the bank.</p>