Capital journal. (Salem, Or.) 1919-1980, 1921-04-19
Bank Need Not
Make Good Bad
Checks, Ruling

IheCkS, Kullng
The United states National
bank of Portland will not be oblig-
ed to make good to the First Ma
tional bank of that city the sum uf
$532.S0, alleged to represent mon
eys involved in a series of forged
checks, according to an opinion
written by Justice Harris and
handed down by the Oregon su-
preme court here today.
In his opinion Justice Harris af-
firmed Judge Robert Tucker of
Multnomah county, who, at the
conclusion of the original trial
found a verdict for the United
States National bank, which was
named defendant in the action.
Testimony before the supreme
court showed that on December 21,
two unidentified men en-
tered printing office in Portland
and stole number of blank checks
belonging to the Willamette Iron
q Steel Works. To these checks
the men affixed the forged sigma
ture of w. H. Insley, secretary and
treasurer of the corporation.
The men then inserted the
names of Martin Shea and william
Ross as payees, and later circu-
lated the checks among Portland
Although made pay
able at the First National bank 1S
Of the checks reached the United
States National bank. After being
properly indorsed by the persons
into whose hands they had fallen
The respective amounts represented
In the checks were credited to
heir accounts. These checks later
passed through the clearing house
and upon being presented to the
First National bank were honored.
Later it was discovered that the
checks were forgeries whereupon
he First National bank made re-
luest upon the United States Ma,
ional bank for $532.80. Failurel
,f the United States National bank
o comply with the request caused
he First National bank to bring
uit for recovery of the money. The
over court held for the defend
mt bank.
A motion filed by Rector Arwine
o dismiss an appeal action
against him by r. N. |
United States senator,
vas overruled on condition that |
he latter shall file with the court |
'efore April a new and sufficient
,ond.
Other opinions handed down to-
lay follow:
w. S. Barnum VS.. Southern Ore
son Traction company 'et al, de-
endant and California; Oregon
oower company, intervenor and
appellant; motion for modifica-
ion. Opinion by Justice Harris;
notification allowed; appealed |
rom Jackson county.
William A. Sailing VS.. First Ma
ional bank of Tillamook, appealed
rom Tillamook county; suit to
.uiet title. Opinion by Justice
'ean; Judge George r. Bagley af-
irmed.
Joseph w. Kirk, appellant, VS..
:. S. Mullen, ct al; appeal from
iarion county; suit to remove
loud on title to real property;
Judgment and sale declared void.
opinion by Justice Mcbride; Judge
Ieorge G. Gingham reversed.
Edith A. Grignon VS.. D. F. Shope
ppellant; appeal from Multno-
lah county; action on promissory
ote. Opinion by Justice Bean;
udge Robert G. Morrow affirmed.
Harvey A. Westfall, appellant,
S. Florence Elmd Westfall; ap-
cal from Yamhill county; suit to
nnual marriage contract. Opin-
on by Justice Brown; Judge Ii
[. Belt affirmed.
Roma Sprague, appellant, VS..
'ity Of Astoria, appeal from Clat-
op county; suit for damages for
ersonal injury. Opinion by JUS
ice Brown; Judge J. A. Eakin re-
ersed and case remanded.
Robert E. Eaton ct al VS.. Roy
AXE ct al, appellants, appeal from
)eschutes county; suit for dam
ges arising out of alleged killing
dog. Opinion by Justice Johns;
udge T. E. ]. Duffy affirmed.
Southern Oregon company VS..
'. w. Gage, as sheriff and tax
ollectOr of Coos county ct al, de-
and respondents, and the
Ienasha WOodenware company,
ppellant, appeal from Coos coun-
2; suit to recover taxes. Opinion
y Chief Justice Burnett; Judge
3. F. Skipworth reversed.