New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-26
superior District Court.

| utltuOdutS lFViu liJtSdl vault clcGDIGpo
! City Of New Orleans VS.. sundry tax
| payers.--Defaults confirmed and inal ..udg-
! ment entered in all cases where NO answer
had been filed.
! Adjourned on III ptior Of Armand Pilot.
Es... seconded by William II. Hunt. ESQ.
| First District Court.
ISFORMATIoNs.
Entering shop. etc.-Ps: Kelly. James
Seaman.
PLEADED GClL-Y.
| Eugene Shelf Of petty larceny.
| SENTENCED.
Assault and battery-Loua Jones. one
day: John Wallace. one day: Walter Mun.-
gomery, one hour.
| Petty larceny - Charles Smith, four
| months.
second District Court.
SUGGESTIONS Peter Rsib!a. Amalia Raihie.
! Francois Dscier, jean Francois Gamier.
! Bridge. Gsrnon and Charles Albert Smith
| opened.
Adjourned OF motion o. Walter Il. Eog-
ers. Esq.
Third District Court.
Adjourned Oh motion of Henry i. Kelly.
fourth District Court.
Adjourned on motion Of James McCon'
nell. Esq.
Adjourned on melton OF Henry l.. Kelly.
Sixth District Court.
Judge Sauc:er rendered the fci!cwin.
decisiOn:
Peter Hellwege vs.. the Hibernia National
; Bank.--The plaintiff: claims s;l5o. the
amount Of a check drawn by one Jacob
| Weidner, TO his own order and by him in
! dorsed in blank. on the Hibernia National
Bank. the defendant. The check is certi.
| fed by the proper .iii:er of the bank, and
, was received, after certiticaton. with the
! amount filled, as at present appears. by the
plaintiff, in good faith, tor value. and in the
usual course OK business. The defense is
| that the check. when certified. called for
! the sum of Sal only. ana that it was after.
wari raised without the knowledge Or
consent Of the officers of the bank.
The testimony o: the teller i. clear, direct
and positive. that when the check was pre-.
scented for ceytiicatou j. was filed for
Sal only. He IS cOrvoborated by entries
made at the time il the book of certified
checks kept bv him. The evidence shows
that the amount in bank to Weidner's credit
is inconsiderable, and dId not warrant the
certitcation of 1. check for the amount OF
the check euad on. There is no evidence of
collision between the teller and Weidner.
nor of any relation OF any kind between
them that might induce the suspicion that
the former had lent himself to the fraud o.
Weidner. Weidner a',scOEded SOON after
passing this cheek and other. equally
fraudulent.
Several experts were examined az to
whether the ce:titication WAS made before
OK after the check was filled up for its
present amount. Their testimony il unsat-
istaciOry and mostly conjectural. II does
not overthrow the positive affirmative testi-
mony to tho contrary OF witness who
knew the facts. and who il corrobcrated by
cOntempOraHeous entries and By the check
itself, when closely examined.
The law OF the ease can hardly be con.
sidered as finally settled. and reference
must be had TO the weight OF authority.
Money paid under u mutual mistake of fact
may be recovered by ths party paying.
He who has paid through mistake. beliey.
ing himself II debtor, may reclaim what he
has paid" That which has been paid in
virtue Of void title is also considered as
not due" G. C.. !219-.!2S3.
The doctrine has been frequently applet to
commercial paper subject to this exception.
A party is bound to know his own signature
and his own obligations. The drawer of a
check or bill OF exchange is bound to know !
the signature of a drawer. and if, by an i'm |
provident recognition Of the forged sigma |
ture of the drawer. he alters the situation !
of the party dealing on the faith OF such |!
to his prejudice. he is. as a |
general rule. bound by his recognition.
and estopped to deny it 20 the preju- |
dice Of the person who has thus dealt. !
But the drawer Of a bill o: check does not |!
guarantee to the holder either the indorse
mentS upon or the !iiiing up OF the instru
ment. On the contrary. the holder. by III /
dOrsing and presenting the instrument for !
payment, represents and guarantees the !
OF the body of the bill Judge
Story, section III. SAYS: There is vet an
hor ,c |
on the part of the indorser. 1t
is that the instrument which he indorses is
a genuine instrument and not forged And
this guarantee was held to operate in favor
Of the drawer against the holder
In 10 La, p. AGO. Judge Martin. as TIE
organ of the Supreme Court, says: 1.-The
defendants having bought the check alter
ng Endorsed and given it credit. now urge
with ill grace that the plaintiffs did not no.
lice the forgery when the check was pre-
sented to them tor payment. while they
the defendantsl did not do so when they
purchased it." Mccall vs.. Cooning, 3 An,
ZIG; IL L. X, i57. See also Bank of Com
merce va. Union Bank, 3 Comstock. $50; Is
Wall, 6O4; 50 Barbour, 81: Marine National
Bank Tvs. National City Bank, N. Y. K.
a bank, by tie certificate of check,
guarantees the signature of the drawer, its
and that it will pay the amo unit
certified. 1t does not guarantee against
alteration in the body of the check, before
" after certification. 1t is more especially
he duty of the party who receives a check
o make all due inquiry.
With regard to the negligence imputed to
he bank. in the manner of the certitcation,
t appears that the certihcation was made
q the form usual up to that time, although |
he lesson of this transaction has taught the |
necessity of a more careful method. The |
plaintiff himself is not exempt from the
barge of negligence. The check had evil |
ientiy been tempered with before plaintiff !
eceived it. l will not undertake to weigh |
Negligence against negligence. and to say
hat the negligence of the one should bring
lin no loss, and that the negligence of the |
ther should charge him.
If the money had been paid By the de-
endants, it could be reclaimed, and not
aving been paid, the bank is not, in INV |
pinion, bound to pay it.
The amount for which the check was Ger ,
fled has been paid in settlement between
he Union Bank and the Hibernia Bank. !
nd there must be judgment for the de-
endant.
Jacob Strauss va Hibernia National
tank, Leon Godcha4x vs. Union National :
'ank.-For the reasSs assigned in the case ,,
f Peter Hellwege u. Hibernia National
'. nix there is judsn ns for the defendants
Adjourned on motion Of Thomas L.