7 Mich. 325 | Mich. | 1859
It appears from the case reserved, that one R. H. Monroe deposited with the plaintiffs an altered draft for $800, upon which they advanced him four hundred dollars, and for
No' question can arise as to the general liability of a party who has received money upon forged papers, to refund it. None of the few exceptions which exist are claim, ed to apply to this case; and no doubt can arise against the liability plaintiffs were under to refund the amount they collected on the draft, as they were not dealt with by the New York parties as agents, but as principals, their agency not being disclosed. This doctrine has been applied in numerous cases; and it makes no difference whether they indorsed the draft or not. Any passing it for value rendered them liable to refund, because of a failure of consideration. The case of Gurney v. Womersley, 28 E. L. & Eq. 256, places these cases, and all other cases of money paid by mistake, upon the true ground; which is, that the money has been paid without any consideration. .That was a case where the intervening bill-broker was successfully sued by the persons with whom he had negotiated the bill, while in fact doing so for another party, and having absolutely de
In the case before us, the plaintiffs had not purchased the draft, but had received it for collection, and made an advance upon it. Their receipt was not an independent engagement or liability to pay money, but was only evidence of an undertaking to be accountable for what they should collect upon a draft supposed to be genuine paper. They
Let it be certified to the Circuit Court for the county of Saginaw, that the plaintiffs are entitled to judgment on the case made.