Digest of Legal Opinions of Thomas B Paton General Counsel of the American Ba
Digest of Legal Opinions of Thomas B Paton General Counsel of the American Ba
Thomas Bugard Paton
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Fox, 1 N. Y. App. Div. 389, it was held that 191 879-884] DIGEST OF LEGAL OPINIONS where the instrument is payable to bearer, or, if payable to order, is indorsed in blank, possession is sufficient evidence of title under which to maintain an action and the court will not inquire into the right of possession unless there is some allegation of mala fides. Equally where the holder of a bearer check presents it for payment and the bank has no knowledge or information that he is a thief or finder o...r person other than the one the drawer intended to receive payment, the bank will be protected in making the pay- ment. {Inquiry from N. Y. , Oct. , 1917. ) Stranger entitled to payment 879. (1) Is a bank justified in refusing to cash a check payable to cash, presented by an unknown man, who cannot be properly identified? (2) If the check payable to cash is indorsed by a person other than the one presenting the same, and the bank does not recognize the first indorsement, and does not feel that the person trying to cash the same is responsible, may it refuse to pay him, with- out having the first indorsement checked up?
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