Merchants Bank v. Superior Candy & Cracker Co.

Citations

• 41 Wash. 653
• 84 P. 604
• 1906 Wash. LEXIS 1030

Syllabus

<p>Money Received — Mistake—Election—Note From One Obligor— Joint Liability — Estoppel. Where by mistake a bank book belonging to a depositor in a bank came into the possession of another party of the same name, who had no right thereto, and the bank by mistake paid the amount of the deposit to such other party, who subsequently paid over part of the money to a corporation whose officers had full knowledge of the mistake, the bank may recover such money from the corporation, and the fact that the bank had taken a note from the party to whom the same had been first paid, and had undertaken to collect the same from such party, would not amount to an election to accept him as the sole creditor, or estop the bank from collecting from the corporation the portion of the money which it had received.</p>