The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-07
RECENT LEGAL OPINIONS.
Forged Checks-Negligence Of Deposition
and Bank

Forged Checks-Negligence Of Deposition
and Bank
A bank which pays a raised check that
was altered so skillfully by the drawers
clerk. who presented it, as to avoid de-
lection on reasonable inspection. must sus-
tain the loss, unless the depositor has. by
leaving blanks in the check or by some
other Affirmative act of negligence, facili-
tated the fraud. But a depositor, on the
periodical writing up of his account and
return TO him OF his passbook and vouch-
ers, is bound to make reasonable examina-
ton and verihcation OF them, and TO notify
the bank If forgeries have occurred, so
that 1t may guard against recurrence. If
he neglects to make such verification, or
intrusts 1t 10 his clerk, who, from being
connected with the forgeries fails to dis
close the discrepancies, the bank, in the
absence of neglect on its part, is not
chargeable with subsequent payments made
70 the clerk on series of such forgeries.
[De Frees VS.. Chemical National Bank, y.
Y. Court of Appeals. May. 1902
Liability of Railroad for Loss of Mall
An interesting case has recently been
decided by the United States Court for the
district of Minnesota, involving the liza
bility of a railroad carrying mail for the
government for the loss of a valuable pack
age. The package was registered and con-
was delivered TO the company's agent at
station and IL was his duty to safely care
for it during the night, During the abb
sence OF the agent the mail sack was stolen.
Judge Lochren holds that the carrying of
mail is entirely under government control,
and that the railroad company owes no
duty except to the government that it
has no knowledge of the contents of mail
sacks. nor as TO who sent or who is entitled
TO receive letters; that il is not employed
by such persons and owes to them severally
and personally no duty whatever. [1l3 Fed
eral Rep, 414.l
Whisky Classihed.-
Whisky in the abstract whisky gener-
ically is by the decree of public sentiment
quarantined along with smallpox leprosy
and cholera. 1t is Ichabod, forsaken,
cast out and despised; a Czolgosc among
the commodities of commerce. and vet
ye are enjoined to give 1T a place with
the staples and staff of life and catalogue
ii with beef beans and bread" This ex-
tract is from the recent case of State VS.
Kansas held that the State law placing
restrictions upon taking or soliciting or
ders by a nonresident salesman for intoxi-
eating liquors TO be imported from another
State is a burden upon interstate commerce
and is therefore repugnant to the provisions
of the federal Constitution. [Chicago Legal
News, May 81
-Homcde-Self-defens e-Provocation.-
Defendant testified that he started to
leave a Chinese restaurant without paying
his bill. having discovered that he had no
money, and that he explained TO the pro-
prietor that he would return and pay: that
the proprietor picked up long knife and
followed MIN TO the door; that he motioned
him back and the proprietor rushed into
the restaurant and returned with his
hand under his apron, giving the impress
sion that he had a deadly weapon con-
cealed. Defendant then threw handful
of crackers at him and then fired. killing
him. Held, that the evidence did not show
a killing in necessary self-defense T6s
| Southwestern Rep. (Arkansas) ISL
-Negligence-Injury to Child from Dy-
Mantle
Where a small boy who had climbed
through a hole in a window of a vacant
house. the door being locked, was Injured
by the explosion of a dynamite cap which
ne found on the floor. the owner of the
building not liable. Workmen en-
ployed by another had in removing a shelf
thrown the cap on the floor, not noticing
what IL was and the owner, not knowing
there was dynamite.in the house. [6S South
western Rep, CKeptucky. Judge Hobson)