7 L. R. A. 849, DEPOSIT BANK v. FAYETTE NAT. BANK, 90 Ky. 10, 13 S. W. 339.

Recovering sum paid on forged check.

Cited in Neal v. Coburn, 92 Me. 148, 69 Am. St. Rep. 495, 42 Atl. 348, and First Nat. Bank v. First Nat. Bank, 58 Ohio St. 212, 41 L. R. A. 585, 65 Am. St. Rep. 748, 50 N. E. 723, holding drawee bank cannot recover amount paid bona fide holder on forged check; First Nat. Bank v. Marshalltown State Bank, 107 Iowa, 329, 44 L. R. A. 132, 77 N. W. 1045, holding drawee bank which pays forged check to bona fide holder who is without negligence cannot recover; Woods v. Colony Bank, 114 Ga. 685, 56 L. R. A. 931, 40 S. E. 720, holding responsibility of drawee bank paying forged check absolute only in favor of holder without fault; Canadian Bank of Commerce v. Bingham, 30 Wash. 490, 60 L. R. A. 955, 71 Pac. 43, holding that drawee bank paying forged checks may recover from bank taking them in course of business and negligently paying same.

Cited in footnotes to Gifford v. Rutland Sav. Bank, 11 L. R. A. 794, which holds savings bank not liable for paying deposit to wrong person presenting passbook; Kummel v. Germania Sav. Bank, 13 L. R. A. 786, which holds vigilance to detect forgery due to depositor by savings bank officers; Janin v. London & S. F. Bank, 14 L. R. A. 320, which holds depositor's delay in returning forged check no defense to bank not injured thereby; Northwestern Nat. Bank v. Bank of Commerce, 15 L. R. A. 102, which holds bank crediting forged draft to payee and forwarding for collection a bona fide holder; Iron City Nat. Bank v. Ft. Pitt Nat. Bank, 23 L. R. A. 615, which denies right of recovery by payer of forged check.

Cited in note (27 L. R. A. 636) on duty of bank to know signature of drawer.

7 L. R. A. 852, NATIONAL BUTCHERS & D. BANK v. HUBBELL, 117 N. Y. 384, 15 Am. St. Rep. 515, 22 N. E. 1031.

Title to proceeds of paper deposited for collection and effect of insolvency generally.

Cited in Commercial Nat. Bank v. Hamilton Nat. Bank, 42 Fed. 881, holding subagent for collecting liable for amount collected and not remitted to owner or agent, though credit given to agent and by it to owner; Beal v. Somerville, 17 L. R. A. 295, 1 C. C. A. 606, 5 U. S. App. 14, 50 Fed. 651, holding checks deposited indorsed for deposit do not become cash of bank until collected, thoughimmediately credited to depositor; Peoples Bank v. Jefferson County Sav. Bank, 106 Ala. 533, 54 Am. St. Rep. 59, 17 So. 728, holding bank receiving draft for collection not authorized to treat proceeds as its own; People's & D. Bank v. Craig, 63 Ohio St. 382, 52 L. R. A. 874, 81 Am. St. Rep. 639, 59 N. E. 102, holding one receiving note for collection cannot forward amount in payment and retain note as his own; Union Nat. Bank v. Citizens' Bank, 153 Ind. 55, 54 N. E. 97, holding depositing bank not preferred creditor where insolvent collecting bank collected note and remitted draft on correspondent bank which refused payment; Commercial Nat. Bank v. Armstrong, 148 U. S. 57, 37 L. ed. 367, 13 Sup. Ct. Rep. 533, holding money collected by subagent on paper deposited with agent for collection does not belong to receiver of agent; Armour Packing Co. v. Davis, 118 N. C. 554, 24 S. E. 365, holding tacit agreement that amount of check, if uncollected, should be charged to depositor's account, rendered transaction bail

ment for collection; Tyson v. Western Nat. Bank, 77 Md. 419, 23 L. R. A. 163, 26 Atl. 520, holding check deposited by customer for collection for account of indorsers does not pass title to bank; Irwin v. Reeves Pulley Co. 20 Ind. App. 112, 48 N. E. 601, holding bank accepting for collection draft payable elsewhere, liable only for ordinary care in selecting correspondent, and not for its le fault; National Bank of Commerce v. Johnson, 6 N. D. 184, 69 N. W. 49, holding certificate of deposit, indorsed and deposited for collection and credit, remains property of depositor; Citizen's Nat. Bank v. City Nat. Bank, lil Iowa, 215, 82 N. W. 464, holding drawee of check not bound to detect forgery of any other signature than that of drawer; Freeman v. Exchange Bank, 87 Ga. 47, 13 S. E. 160, holding payee of bill of exchange, indorsing for deposit to credit of himself, retains ownership of proceeds which are subject to garnishment by his creditor; Blair v. Hill, 50 App. Div. 36, 63 N. Y. Supp. 670, holding proceeds of check collected for owner by agent and commingled with his own remain property of owner; Arnot v. Bingham, 55 Hun, 556, 9 N. Y. Supp. 68, holding note sent to bank for collection only remains property of sender, who can collect proceeds from bank's receiver; Wilson v. Marion, 147 N. Y. 594, 42 N. E. 190, holding purchaser of real estate from assignee for benefit of creditors under fraudulent assignment can hold it if ignorant of fraudulent intent of assignor; Knower v. Central Nat. Bank, 124 N. Y. 561, 21 Am. St. Rep. 700, 27 N. E. 247, holding creditor of assignor for benefit of creditors to whom assignee paid money can hold it against creditor setting aside the assignment; Hutchinson v. Manhattan Co. 9 Misc. 344, 29 N. Y. Supp. 1103, holding title of draft, indorsed generally, but shown to be for collection only, remains in indorser; Wolff v. Zeller, 31 Misc. 257, 64 N. Y. Supp. 129, holding vendor in fraudulent sale may recover chattels from assignee of vendee when sale rescinded before assignment; Gindre v. Kean, 7 Misc. 584, 28 N. Y. Supp. 4, holding consignors of goods to del credere factor entitled to recover from his assignee for creditors' moneys collected from purchasers subsequent to the assignment; Asher v. Deyoe, 77 Hun, 533, 28 N. Y. Supp. 890, holding bank taking mortgage to secure antecedent debt on property purchased with intention of not paying therefor, not entitled to hold such property as against seller; Bank of Clarke County v. Gilman, 81 Hun, 490, 30 N. Y. Supp. 1111, holding owner of check for collection and credit remains owner; O'Conner v. Gifford, 117 N. Y. 283, 22 N. E. 1036, holding judgment creditor estopped from setting up claim against trustee under will, when he had failed to present claim within six months after publication; Nash v. Second Nat. Bank, 67 N. J. L. 267, 51 Atl. 727, holding drawer entitled to proceeds of draft created by collecting to forwarding bank after latter's failure; Peters Shoe Co. v. Murray, 31 Tex. Civ. App. 261, 71 S. W. 977, holding drawer of draft not entitled to follow proceeds in hands of assignee of collecting bank.

Cited in footnotes to Milton v. Johnson, 47 L. R. A. 529, which denies power of subagent to apply proceeds of debt collected to payment of claim due him from principal agent; Waterloo Milling Co. v. Kuenster, 29 L. R. A. 794, which throws upon depositor loss of worthless paper credited to him by bank receiving from other bank for collection; Northwestern Nat. Bank v. Bank of Commerce, 15 L. R. A. 102, which holds signature of drawer not guaranteed by indorsing draft "for collection;" State Bank v. Byrne, 21 L. R. A. 753, which holds drawee's acceptance of draft presented by collecting bank net payment;

Tyson v. Western Nat. Bank, 23 L. R. A. 161, which holds title does not pass by indorsing "for collection;" Beal v. Somerville, 17 L. R. A. 291, which holds no title to check passes by depositing for collection; First Nat. Bank v. Sprague, 15 L. R. A. 498, which holds bank receiving bill for gratuitous collection not liable for defaults of reputable correspondent; Armstrong v. Boyertown Nat. Bank, 9 L. R. A. 553, which denies right of receiver or creditors of bank crediting owner with draft received for collection to demand proceeds from collecting bank; Akin v. Jones, 25 L. R. A. 523, which holds direction to remit in New York exchange, draft sent for collection, precludes claim that such proceeds held in trust.

Cited in note (32 L. R. A. 719) on trust in proceeds of collection made by bank when insolvent.

7 L. R. A. 861, WADDELL v. UNITED STATES, 25 Ct. Cl. 323. When claim barred.

Cited in Ray v. United States, 50 Fed. 168, and Wayne v. United States, 26 Ct. Cl. 289, holding fund awaiting demand a trust against which six years' limitation does not begin to run until repudiation of trust; Maine v. United States, 36 Ct. Cl. 552, to point no general statute of limitations operates against accounting officers in settlement of claims; Maine v. United States, 36 Ct. Cl. 557, holding claimant misled by mistaken action of department in rejecting like claims not chargeable with laches.

Distinguished in Balmer v. United States, 26 Ct. Cl. 89, holding claim not barred within Bowman Act if it could be settled by any department or tribunal. Finality of decision.

Cited in Armstrong v. United States, 29 Ct. Cl. 170, holding decision of comptroller disallowing claim final, unless opened for fraud, mistake, or newly discovered evidence.

L. R. A. AU.-VOL. I.-66.