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Banking and Finance Law

University of Michigan Law School

Michigan Law Review

1933

South Dakota

Articles 1 - 2 of 2

Full-Text Articles in Law

Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract Mar 1933

Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract

Michigan Law Review

The Rowena State Bank, a corporation organized under the laws of South Dakota, borrowed a sum of money from the plaintiff who was the president of the bank. A state statute provided : "In all cases where money is borrowed, a bank shall issue its 'Bills Payable' and shall show the true amount of borrowed money on its books." The bank failed to comply with this statute. A short time later the defendant as superintendent of banks took charge of this bank. The plaintiff brought an action to recover upon a quantum meruit for the money loaned. Held, that …


Bills And Notes - Rights Of Holder Of Bill Against Drawee Feb 1933

Bills And Notes - Rights Of Holder Of Bill Against Drawee

Michigan Law Review

An employee of the plaintiff, payee of a check drawn on the defendant bank, indorsed the check without authority and cashed it, retaining the proceeds. The check was sent through the clearance to the defendant bank and charged to the drawer. The plaintiff brought suit against the bank by a complaint in the form of damages for the conversion of a check. It was adjudged for the plaintiff and the defendant appealed. On appeal, the plaintiff insisted that the payment of the check amounted to an acceptance by the defendant bank and that a liability to the plaintiff as payee …