United States v. First Nat. Bank
| Decision Date | 13 August 1897 |
| Citation | 82 F. 410 |
| Parties | UNITED STATES v. FIRST NAT. BANK OF COFFEYVILLE. |
| Court | U.S. District Court — District of Kansas |
W. C Perry, for the United States.
J. D McCue, for defendant.
It appears by the statement of facts in this case that one Mary L. Beard was an applicant for pension; that her application was duly considered by the pension commissioner, and in due course of time the pension was allowed her, and the United States pension agent at Topeka, Kan., issued a certificate to her as the mother of Calvin L. Beard, a soldier in Company C of the 7th Illinois cavalry. The said pension certificate was issued on April 12, 1893, payable to the order of Mary L Beard, in the sum of $1,364.40. The certificate or check was inclosed in an envelope addressed to Mary L. Beard, and deposited in the mails at Topeka, Kan. It seems further from the agreed statement of facts that the said Mary L. Beard died prior to the issuance of said check, to wit, on January 7, 1893; and the letter containing the check came into the possession of E. A. Beard, her grandson, who forged or caused to be forged the signature of said Mary L. Beard on the back of said check, indorsed it himself, and on the 13th day of April, 1893, he presented the said check to the officers of the defendant bank, and represented to them that he was the holder of said check, and that the signature of the said Mary L. Beard indorsed thereon was genuine. At that time the said E. A. Beard was unknown to any of the officers of the bank and he was required to have some person known to the officers of the bank identify him; and, being identified by some person known to the officers of the bank, it received the said check, and advanced thereon the sum of $364.40, and placed to the credit of the said Beard the sum of $1,000 subject to his check when the said pension check was paid. On April 14, 1893, the defendant transmitted the said check to the National Bank of Kansas City, for collection; and the National Bank of Kansas City, on April 15th, transmitted said check to the Merchants' National Bank of St. Louis for collection; and the said last-named bank, on April 17th, presented the said check to the subtreasurer of the United States, in St. Louis, Mo., and it was paid by the assistant treasurer of the United States, to the said national bank. The said Merchants' National Bank remitted the amount of said check to...
To continue reading
Request your trial
-
Dresser v. United States, Civ. No. 2332.
...to a deceased person is void and without effect. Bergman v. Avenue State Bank, 284 Ill.App. 516, 1 N.E.2d 432; United States v. Coffeyville First Nat. Bank, C.C.Kan., 82 F. 410; 10 C.J.S., Bills and Notes, § 122. However, that rule has no application to checks issued on the Treasury of the ......
-
United Firemen's Ins. Co. v. Thomas
...82 F. 406 UNITED FIREMEN'S INS. CO. v. THOMAS. No. 404.United States Court of Appeals, Seventh Circuit.October 6, 1897 [82 F. 407] ... The policy ... contained the following provisions: First. 'This entire ... policy, unless otherwise provided by agreement indorsed ... We have ruled upon the precise ... question in Union Nat. Bank v. German Ins. Co., 34 ... U.S.App. 297, 18 C.C.A. 203, and 71 F ... ...
-
Bergman v. Ave. State Bank
...not in existence, the instrument is void and no one can acquire any rights thereunder. It was so held in United States v. First National Bank of Coffeyville, 82 F. 410 (C.C.Kansas). In that case a pension check to Mary L. Beard was issued after her death. A grandson forged her indorsement, ......
-
Lieutenant Colonel J. E. Farr
...been held that a government check drawn payable to a person who has died is void. United States v. First national bank of coffeyville, 82 F. 410 (1897). the United States disburses its funds or pays its debts, it is exercising a constitutional function or power and the rights and duties of ......