Varney v. Monroe Nat. Bank

Citations

• 119 La. 943
• 44 So. 753
• 1907 La. LEXIS 567

Syllabus

<p>1. Bills and Notes — Genuine Draft with Forged Bill of Lading.</p> <p>A draft was discounted, with bill of lading attached. It was genuine, and was drawn on plaintiff with his authorization, and was paid by him. The bill of lading was a forgery.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 7, Bills and Notes, § 1269.]</p> <p>2. Same — Error.</p> <p>Plaintiff sued the defendant to return the amount, on the ground that it was paid in error and that defendant was liable for the error.</p> <p>3. Same — Business Relation Between Drawer and Plaintiff.</p> <p>What mistake there was, was plaintiff’s, for trusting the dishonest drawer of the draft, who annexed to it a forged bill of lading.</p> <p>Provosty and Monroe, JJ., dissenting.</p> <p>(Syllabus by the Court.)</p>