Wm. S. Slevin, the bicycle dealer of Suffern, will issue no more checks for the purpose of accommodating his friends who desire to remit money to distant places. Slevin had an account in the Second National Bank at Paterson and gave Jos. J. Talks, early last summer, a check for $2.15, as that was the amount he desired to pay. Talks subsequently raised the check to $235.15. The raised check was paid by the bank and Talks disappeared. Slevin claimed that the raising of the check was a clumsy job and the bank should pay him. The bank charged the total amount to Slevin's account and resisted payment.
Judge Lewis of Paterson, before whom the case was tried, in deciding against the bank said: "Where commercial paper is issued, although carelessly drawn and is afterwards fraudulently raised by a third person without the maker's consent, it is not the negligence of the maker but the crime of the forger that is the cause of the loss. It was the duty of the bank to more closely scrutinize the check and not permit itself to be fleeced."
By the decision Slevin will get his money, but the amount recovered by the payment will not be sufficient to reimburse him for the amount expended paying lawyers, court and witness fees.
Rockland County Times (Nanuet, New York), April 4 1903.