Lahay v. City Nat. Bank of Denver

• Decision Date: 10 January 1891
• Citation: 25 P. 704,15 Colo. 339
• Parties: LAHAY v. CITY NAT. BANK OF DENVER.
• Court: Colorado Supreme Court

25 P. 704

15 Colo. 339

LAHAY v. CITY NAT. BANK OF DENVER.

Supreme Court of Colorado

January 10, 1891

Appeal from superior court of Denver.

This cause of action arose in consequence of the payment of money to the wrong person upon the following written instrument 'First National Bank of Chicago. Chicago, 7, 3, 1885. City Nat'l Bank, Denver, Colo.: Your account has credit for six hundred dollars, deposited by J. Phillipe, for use of John Phillipe. Confirmation of above will be given in our advice of this date. $600. K. CHAPMAN, Teller.' It is alleged in the complaint that this instrument came into the possession of one Paul D'Armenthal, who applied to appellee for the payment of the sum mentioned therein representing that he was the payee, John Phillipe, and indorsed thereon the name of said John Phillipe, representing said indorsement to be his own name and signature. That both John Phillipe and Paul D'Armenthal were then wholly unknown to appellee, and to its officers and employes, and the signature and hand writing of the said D'Armenthal was likewise unknown. That appellee refused to pay the amount called for by said certificate to the said D'Armenthal until he should be identified as and shown to be John Phillips. That appellant, in whom appellee reposed special trust and confidence, appeared at the banking-house of appellee in said city of Denver, and identified the said D'Armenthal as John Phillipe; and appellant, well knowing the premises, and well knowing appellee's ignorance as aforesaid, and that appellee would not pay over to the said D'Armenthal the sum of money mentioned in said certificate, and for the purpose of enabling the said D'Armenthal to obtain from appellee the said sum of money, and to induce appellee to pay the same, thereupon falsely identified the said D'Armenthal as John Phillipe and then and there stated to appellee that he knew the said D'Armenthal to be John Phillipe as of his own knowledge when in truth and in fact said statement was false, and the said D'Armenthal was not John Phillipe, and said appellant had no knowledge that said person was John Phillipe; but appellee, being ignorant as aforesaid, and relying solely upon the identification and statement of said appellant, then and there paid over to said D'Armenthal the full sum of $600 called for by said certificate. That on the 10th day of August, 1885, the said John Phillipe, the party for whom such certificate was in fact intended, and who was entitled to said money, instituted in the superior court of Denver his action against appellee to recover said sum of money in said certificate mentioned, and on said date appellee gave notice in writing to appellant of the pendency of said suit. That thereafter judgment in said suit was entered in favor of the plaintiff therein, and against appellee, for the sum of $620, and for costs, amounting to $16.35, which appellee paid and satisfied in full. And appellee further avers that it was compelled to have counsel and attorneys to defend said action, whose services were reasonably worth the sum of $75, and demands judgment against appellant for said sum and costs. The answer of the appellant is a specific denial of each allegation contained in the complaint. Upon these pleadings the...