Arizona republican., 1921-05-28

WU CASt WRHlEN
 BY SUPREME COURT. n sr opinion by Justice Baker the supreme court yesterday reversed the superior court of Santa Cruz county n the interesting case of Henry tonen- appellant against the First NRtiozs bank of Nogales, appellee. Tnis case grew out of a peculiar transaction two years ago. Cohen. ~nc resided at Culiacan. Mexico, sent cr DEH 10 the First National bank r<& on that bank for SS5e7.50. pay abe 70 his order and drawn by Oc- t@No Gsxioia- who was also a de- Pcs&tor in the same bank
 The letter and check were received ar the bank on Aug. 2. 1919. The man was opened by the assistant cashier of the bank and was passed hw him to Miss Barney, an em ptoye Q. the bank. for further dispo- sfSicn- Things thereupon proceeded mechanically under the direction oJ Miss Barney In the absence of the regular mail clerk. She made out the regular deposit slip and passed the item to the teliers and bookkeep- CTS. Them she addressed a letter of sckncwi iedg gmcnt to Cohen. informing hsra that the check had been placed 70 hiS credit. and 8 copy of the de roSst sip was mailed with it. The letter of acknowledgment was printed form filled out, bearing the printed signature of the cashier.
 Later that day a bookkeeper re- refxe6 from the teller's cage all the cheeks and deposit slips and they were distributed alphabetically among three hookkeepcrs. The deposit sip cf Cohen fen into the hands of book korxer No. I, and the check of .>sNirla into the hands of bookkeeper No. q
 T-he check was posted by the first book keeper 10 the credit or Coneh, bet the second bookkeeper, when ne came to Gaxiola's account, discov- .nr-~a shsr the funds in 1t were insult sscsenx. being actually only a httie more than sz= The check was given she fatal mark "lns-." and the mat .e~ was referred to the vice president nf The bank, who directed that the ..Aeck should not be paid and thata a telegram be sent to Cohen inform sn1 him of the state of affairs But rhe letter of acknowledgment was al ready in the mails on the way 10 t>ahacan- Following the telegram letter was sent to Cohen enclosing the check. There was some further teie- r-arhf- correspondence between the hznk and Cohen, the latter being m formed. We recommend that you take steps 10 protect your interests.
 On Aug. is Cohen appeared at No rzies and asked for statement oi ~s account IL had been both cred ' srrc and debited with the amount oi ~s~ Caxsoia check. Then Cohen In rh@F course of taking "a step to pro .~r. his interests" drew his cneck sunr inc bank for the amount Of the xsmxtola check and the bank refuseo r.xrert on the ground of insufficlen' frnds. Then Cohen began suit .; m his opinion Justice Baker salo .h.. inc natural and obvious meaning of The language used Tn the houce which had been sent to Cohen was shat credit had been given him to the ~~-c-,- of the check No ingenuity or incarceration or switching the ~rnans-x of words can bring the ian ~-r.re sn:o harmony with any other hypothesis" p.d -ess rule. the justice found, had
 An laid down. Where person nnxesS an offer and requires or - au- rhorazes an offeree, either expressly o~ impliedly. to send ms answer es ,s -..ss or telegraph, and the answer IT - .,~-ed or tesegraphed. the ac- ~..,,+s-re is communicated ana eh' ,..-,s~acs is complete from the moIneh ~N. ,ct.er is mailed or the teiesran
 uas therefore immaterial, state 4 N ...,s,;ov, xxhether the letter or dc r~~rsance actually reached the oiierei .,a i. may be added that IL IS ais 5rrnaserial whether the letter Na seiased in the mails two or 'ni days h .,-,.iie. that the transaction was ho ~.-,nleted but that the steps tahe hr sha hank were only tentatVe dii ,,-.l,ninarv. the court finds that tp hank had plainly evinced an lhlen.io !, '. nav. and a situation IS 1ouhu whsch the bank executed us inteh ton Payment of the cneck or src credit therefor was eftecteo .ne rsma the letter was posted an = xa,s even without record |. uas not essential that the pan should have stamped the chee paid or that Gaxiolas accou' should be debited with the amount sas cheek. These were matters -o concern to the appellant The were only matters pertaining to U system or DOOhhISPAhS.
 The opinion sbounds in cltation among which is the following ITO Morse on Banks and Banking"
 ~Vghere a bank credits deposlt' ~ssh the amount of a check draw 4 wuon it by another customer, al .h-re is no want of good faith on u narr of the depositor, the act Of cre' sssnr is equivalent 10 payment
 money. and the bank cannot recs or repudiate the payment pecau ssron an examination of the accoun
 of rhe drawer it is ascertained that ss without funds 70 meet the chee though when the payment was ma
 line officers labored under the m ..ke that the funds were sufIiclen
 In conclusion the court sad: have reached the conclusion stated a sh5S decision with a great deal
 rea,sctancc- IL seems to be one
 those cases where a party had rig to stand upon his legal rights,
 matter how selfish and harsh su
 conduct may appear to be. W Whle
 may not condemn the conduct Of |
 niaintiff we are not compelled to a
 nroVe it. The case is decided as II
 because it would be an extrem'