Selected Cases On the Law of Quasi-Contracts
Selected Cases On the Law of Quasi-Contracts
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We believe that now, at least, especially in the case of a bank, it is a matter of general understanding that, when the holder of a check in no way contributes to the deception, the bank does take the risk of paying, so far as the signature is concerned. But, if this is so, mistake disappears as a ground for recovery, and there is no other. It is vain to point out that in other cases more or less analogous there is an implied representation, e. G. , Railroad Co. V. Richardson, 135 Mass. 473. Th...e grounds for difference in under- standing may be very nice, but, even if the decisions had originated the difference without adequate ground, when once it exists its existence is a sufficient reason for continuing to decide in accordance with it. 1 *In Bank of St. Albans v. Farmers' & Mech. Bank, 10 Vt. 141, 145 (1838), the court says : "The presentiment of a bill to the drawee is a direct appeal to him to sanction or repudiate it. It is an inquiry as to its genuineness, addressed to the party, who, of all men, is supposed best able to answer it, and whose decision is most satisfactory.
What to read after Selected Cases On the Law of Quasi-Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Edwin H Edwin Hamlin Woodruff to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
We believe that now, at least, especially in the case of a bank, it is a matter of general understanding that, when the holder of a check in no way contributes to the deception, the bank does take the risk of paying, so far as the signature is concerned. But, if this is so, mistake disappears as a ground for recovery, and there is no other. It is vain to point out that in other cases more or less analogous there is an implied representation, e. G. , Railroad Co. V. Richardson, 135 Mass. 473. Th...e grounds for difference in under- standing may be very nice, but, even if the decisions had originated the difference without adequate ground, when once it exists its existence is a sufficient reason for continuing to decide in accordance with it. 1 *In Bank of St. Albans v. Farmers' & Mech. Bank, 10 Vt. 141, 145 (1838), the court says : "The presentiment of a bill to the drawee is a direct appeal to him to sanction or repudiate it. It is an inquiry as to its genuineness, addressed to the party, who, of all men, is supposed best able to answer it, and whose decision is most satisfactory.
What to read after Selected Cases On the Law of Quasi-Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Edwin H Edwin Hamlin Woodruff to read onlineMoreLess
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