State ex rel. Olympia National Bank v. Lewis

Citations

• 62 Wash. 266
• 113 P. 629
• 1911 Wash. LEXIS 688

Syllabus

<p>States — Wabbants—Negotiability—Innocent Holdebs. A state warrant issued in payment of fraudulent claims based upon false and forged vouchers is void, even in the hands of an innocent holder, since a state warrant is not negotiable in the sense of excluding inquiry into the legality of its issue or defenses thereto.</p> <p>States — Wabbants—Auditing of Claims — Estoppel. The fact that false claims against the state were audited and allowed by the board of military auditors, under Rem. & Bal. Code §§ 7222 and 7223, does not preclude defenses to warrants thereon in the hands of an innocent holder, there being nothing in such sections to indicate an intent to make the warrants negotiable.</p> <p>States — State Officebs — Tbeasubeb. It is the duty of the state treasurer to refuse payment of warrants illegally issued upon fraudulent claims.</p> <p>Mandamus' — State Wabbants — Pabtial Validity — Relief. Upon mandamus to compel payment of a state warrant on claims part of which were illegal, the supreme court will not direct payment to the extent of the valid claims, the state treasurer not having refused to honor a proper warrant therefor.</p>