United States v. National Bank of Commerce of Seattle

(after stating the facts as above). [1] We are unable to sustain the judgment of nonsuit on the ground that a tender of the checks to the defendant was a necessary preliminary to the commencement of the action, or to assent to the proposition that the possession of those checks by the defendant was necessary in order to enable it to maintain actions against the banks through which it received the same. The defendant made no demand for the checks, and made no offer to pay the money due the government 011 condition that the checks be returned to it. Its refusal to pay was absolute and unconditional.

*436 [2] Its cause of action against the banks through which it received the checks with’ the forged indorsements arose immediately upon its payment thereof. Said the court in Leather Manf. Bank v. Merchants’ Bank, 128 U. S. 26 -35, 9 Sup. Ct. 3, 4 ( 32 L. Ed. 342 ):

The language so quoted was approved in United States v. Nat. Exchange Bank, 214 U. S. 302 , 29 Sup. Ct. 665, 53 L. Ed. 1006 , 16 Ann. Cas. 1184. In United States v. National Park Bank of N. Y. (D. C.) 6 Fed. 852 , a case in which the defendant had collected from the United States the amount of a draft which it had received…