Weinstein v. National Bank of Jefferson

Citations

• 69 Tex. 38
• 6 S.W. 171
• 1887 Tex. LEXIS 770

Syllabus

<p>1. Pleading — Forged Checks. — A bank was sued by a depositor, whose pass book had been balanced and all checks returned to him in June, for an amount paid by the bank on forged cheeks drawn in the depositor’s name, which forgery was discovered during the following August, when repayment was demanded. The bank pleaded that the depositor, having failed to discover and give notice of the forgery in a reasonable time, the plaintiff was estopped from questioning the correctness of the account, but failed to allege any injury or loss to the bank from the failure to sooner notify it of the forgery. Held, that exceptions to the defense were properly sustained.</p> <p>2. Same. — See opinion for plea by defendant setting up the laches of the plaintiff by way of estoppel, held good on general demurrer.</p> <p>8. Depositor — Forged Checks — Degligence.—A bank is not liable to a depositor, when money has been paid out by it on forged checks, if the depositor, after receiving a statement of his account by which he is enabled to ascertain the forgery, neglects to inform the bank thereof in a reasonable time, and thereby it loses the opportunity of recovering the money, which it could have secured if promptly informed.</p> <p>4. Estoppel. — An estoppel may be created, not only when the party sought to be concluded knows the material facts he is charged with having rep. resented or concealed, but also where he is in such position that he ought to have known them, so that knowledge will be imputed to him.</p> <p>6. Depositor — Forged Checks. — It is the duty of a depositor to know whether his account with a bank is correct or not, and promptly to report a forgery when detected. Should he negligently fail to- make the examination and consequent discovery, when it could have been discovered, it is as if he ha*! expressly admitted the genuineness of the forged checks, and he will not afterwards be permitted to deny their genuineness, provided the bank has been prejudiced by his fail