Survey v. Wells, Fargo & Co.
Cases that cite this one
3 later published cases cite this decision.
- Modern Homes Construction Co. v. Tryon Bank & Trust Co. (N.C. 1966)
- Rauer's Law & Collection Co. v. Superior Court (Cal. Ct. App. 1909)
- Patterson v. Plummer (N.D. 1901)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Murray, C. J, concurred.
The finding of the jury establishes the proposition that the check was the property of the plaintiff.
The only question then is as to the measure of the damages. This is said by the appellants to be the value of the check. The legal presumption from the fact of the defendants’ refusal to deliver it, is that it was of the full value of the amount for which it was drawn, and there having been no rebutting evidence the verdict for that amount was correct. Nor do we see how the question of value can arise, as the check was drawn by the defendants upon themselves.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.