Vogel & Ross v. Ball, Hutchings & Co.

Citations

• 69 Tex. 604
• 7 S.W. 101
• 1888 Tex. LEXIS 904

Syllabus

<p>1. Forged Draft — A draft for one thousand one hundred and fifty dollars on Vogel & Boss, of Galveston, in favor of Heard, Allen & Barnes, hankers, at Cleburne, was indorsed, to Ball, Hutchings S Co., of Galveston for. collection, as follows: “Pay Ball, Hutchings & Co., or order, for account of Bank of Cleburne.” Signed “Heard, Allan & Bamee.’’ Tims received, Ball, Hutchings & Co., stamped the word “paid” on the draft, with their signature. In that condition the draft was paid by the drawees named, Vogel & Ross. The draft, which was attached to a bill of lading for thirty-two bales of cotton, was a forgery. In a suit by the drawees against Ball, Hutchings & Co., as indorsers, held:</p> <p>(1) The legal effect of the stamp indorsement of Ball, Hutchings & Co.. who were mere agents, was a cancelation of the obligation and a receipt for the money.</p> <p>(2) They were not indorsers of the paper and were not liable as such.</p> <p>(3) They were not liable for money had and received on the ground that payment was made to them through mistake.</p> <p>(4) No personal responsibility was incurred by Ball, Hutchings & Co. in the collection for their principals.</p> <p>2. Cask Distinguished. — This case distinguished from the City Bank v. The National Bank, 45 Texas, 203.</p>