Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Banking and Finance Law

Michigan Law Review

Journal

1939

Fraud

Articles 1 - 2 of 2

Full-Text Articles in Law

Banks And Banking - Duty Of Depositor To Determine Status Of His Account, James D. Ritchie Dec 1939

Banks And Banking - Duty Of Depositor To Determine Status Of His Account, James D. Ritchie

Michigan Law Review

Plaintiff's bookkeeper, who, as defendant bank admittedly knew, had authority only to indorse and deposit commission checks to plaintiff's account, embezzled considerable money between 1926 and 1931 by taking some of the proceeds in cash or drafts. In the passbook and in defendant's own records only the net transactions, not the total amount of the checks, were recorded. Plaintiff discovered the fraud in 1936 and now sues the receiver five years after the bank closed. Held, that plaintiff, charged with constuctive knowledge of the fraud, which reasonable examination would have revealed, is guilty of negligence and therefore barred from …


Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review Dec 1939

Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review

Michigan Law Review

Convicted of the statutory crime of falsely uttering a bank check, defendant appealed on the ground that the instrument in question was a promissory note. It was in appearance and form a check except for the substitution of "will pay" for "pay" and the addition of the words "payable at" before the name of the bank. Held, affirmed, the court construing the instrument as a check. State v. Doudna, (Iowa, 1939) 284 N. W. 113.