American Nat. Bank v. Bank of Bandon

(after stating the facts as above). It goes without saying it that the American Bank in San Francisco was negligent in notifying the Bandon Bank on December 19th that the Rob-* 'ert Dollar Company, drawee of the draft, had accepted it, when the fact was that that company had on that same day refused to accept it, and in failing until December 29th to notify the Bandon Bank of the refusal 'of acceptance by thej drawee. The president of the Ban-don Bank testified positively that when the draft was drawn he believed the lumber company solvent, and that if he had known of the dishonor of the draft upon the drawee company he could and would have atta'ched the cargo of lumber which was afterwards, about December 24th, shipped to San Francisco. With this evidence in support ' of the allegations of the complaint, evidence by -the American *626 Bank to show that as a fact the lumber company was heavily in debt to the drawee Dollar Company between December 15th and 29th could not take away liability of the American Bank for its double carelessness ; nor could 'any statement made on the trial by the officers of the Dollar Company as to what course that company would have taken if the…