Rice v. Bank of Camas Prairie

Citations

• 5 Idaho 39
• 47 P. 856
• 1896 Ida. LEXIS 56

Syllabus

<p>Banking — Payment of Depositor by Bank. — The court instructs the jury that if the defendant bank paid the money claimed to be due the firm of Holt & Bice, depositors of said bank, to Biley Rice, a member of the firm, and who had authority to draw said money for the firm, and that no receipt, order, cheek or authority of Holt & Rice was given therefor, written or oral, in the usual course of business, then the defendant is still liable for the money the same as if payment had not been made. Held, error.</p> <p>Same — Depositor Having Authority to Draw — Can Do so Without Written Order. — However careless and uncommon may be the payment of money by a bank to a depositor who had authority to draw the money, without any written order or receipt, if such payment of the money of the firm was actually so made by the bank, it would be a good payment and the bank would not be further liable.</p> <p>Circumstances of Payment for Jury. — -The circumstances under which the payment is claimed to have been made are proper consideration for the jury in determining whether the payment has been made as claimed.</p> <p>(Syllabus by the court.)</p>