The Erwin Lane Paper Company v. The Farmers' National Bank of Constantine, Michigan
| Decision Date | 24 February 1892 |
| Docket Number | 15,437 |
| Citation | 30 N.E. 411,130 Ind. 367 |
| Parties | The Erwin Lane Paper Company et al. v. The Farmers' National Bank of Constantine, Michigan |
| Court | Indiana Supreme Court |
From the Elkhart Circuit Court.
Judgment affirmed.
H. C. Dodge and J. S. Dodge, for appellants.
Howell, Carr and Barnard, for appellee.
The only question discussed in the briefs of counsel is the sufficiency of the complaint, which has been challenged for the first time in this court.
This was an action by the appellee against the appellants upon a promissory note made payable to "Charles H. Barry, Jr., cashier of the Farmers' National Bank of Constantine." The complaint declares upon the note as being made payable to the bank.
The only objection urged to the sufficiency of the complaint is that the note is payable to Barry, and not to the bank.
A note payable to the cashier of a bank is to be deemed payable to the bank, and the bank may sue thereon as payee. Nave v. Hadley, 74 Ind. 155, and cases cited.
Judgment affirmed.
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...the note secured. Colebrook on Collateral Securities, § 288; 1 Morse on Banks & Banking, § 144; Erwin, etc., Co. et al. v. Farmers', etc., Bank, 130 Ind. 367, 30 N. E. 411, 30 Am. St. Rep. 246;Nave v. Hadley, 74 Ind. 155;Day v. Holmes, 103 Mass. 306;Rich v. Boyce, 39 Md. 314;Heath v. Griswo......
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...bank is to be deemed payable to the bank, and that the bank may sue thereon as payee.” Nave v. Hadley, 74 Ind. 155;Erwin Lane Paper Co. v. Farmers' Nat. Bank, 130 Ind. 367, 30 N. E. Rep. 411. The principle upon which these cases are based is supported by numerous authorities. Story, Prom. N......