61 N.E. 596 (Ind.App. 1901), 3,470, Meyer v. Indiana National Bank

Docket Nº:3,470
Citation:61 N.E. 596, 27 Ind.App. 354
Opinion Judge:ROBY, J.
Party Name:MEYER ET AL. v. INDIANA NATIONAL BANK
Attorney:W. R. Gardiner, C. E. Barrett and E. A. Brown, for appellants. N. Morris and L. Newberger, for appellee.
Case Date:October 08, 1901
Court:Court of Appeals of Indiana
 
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Page 596

61 N.E. 596 (Ind.App. 1901)

27 Ind.App. 354

MEYER ET AL.

v.

INDIANA NATIONAL BANK

No. 3,470

Court of Appeals of Indiana

October 8, 1901

From Marion Superior Court; J. L. McMasters, Judge.

Action by Solomon Meyer and others against Indiana Nat. Bank to recover amount of fraudulent check. From a judgment in favor of defendant, plaintiffs appeal.

Affirmed.

W. R. Gardiner, C. E. Barrett and E. A. Brown, for appellants.

N. Morris and L. Newberger, for appellee.

OPINION

[27 Ind.App. 355] ROBY, J.

One Thomas B. Hornaday, represented to appellants that his name was Volney J. Dawson, that he owned certain real estate in Marion county, and by these and other representations which need not be repeated, but all of which were false and fraudulent, secured a loan of $ 600, giving a note and mortgage therefor by the assumed name. The amount so loaned was turned over by check upon appellee bank, payable in accordance with the signature of the note and mortgage. This check, Hornaday, alias Dawson, indorsed as payee, and presented for payment; he was identified as Hornaday, a long time resident of Indianapolis, again indorsed the check, this time by the name of Hornaday, and got the money. The check was duly charged and returned to appellant, and no question relative to its payment arose until long after. Six months later, Hornaday borrowed a second $ 600 in all respects duplicating the transaction described. Later still a gentleman, whose true name was Volney J. Dawson, and who did own the real estate described in the mortgage made by Hornaday, alias Dawson, discovered an apparent lien thereon. He promptly repudiated the entire transaction to which he was indeed in no sense, either directly or indirectly a party.

Appellants insist that the check was intended to be paid to Volney J. Dawson, who owned the real estate mortgaged, and that the bank, having paid to the wrong person upon a forged indorsement, must make good the loss. The check was made to be paid. The appellee had no option except to pay it when presented or indorsed by the payee. Who was the payee? Not the true Volney J. Dawson; he had made no note, mortgaged no land, and had no right to receive payment of the check. There may have been a number of persons bearing the name in the city, but that accident gave none of them any right to receive payment. Names are [27...

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