Show BANK LOSES CASH PAID ON A CHECK Supreme Court Declares Den Dennis Dennis nis Fee Is Entitled to toRe Re Recover over Dennis Fee won his suit against the Na National National Dank Bank of the Republic yesterday wIn when the supreme court handed banded down an opinion affirming the judgment of Judge T D Lewis of the Third district court In awarding Fee interest and costs The opinion was written by Justice J E Frick and concurred In by the other jus justices justices tices facts not contorted contested were that on April 16 1908 Fee Fee deposited in inthe inthe the National Bank of at the Republic On April 2 20 Fee I fe drew out 1166 1150 on a check The bank claimed that on April 94 I another bearing the name of at Fee for tor 1676 and anO male maJe payable to P H ONeill was wall cashed This left a balance of at atthe atthe the bank and the officials said the pa patron patron tron could have thIs whenever he called for It Fee claimed claim d however the thet iteck t was not authorized by hint him and that 11 lit had not signed it Judge Lewis held the payment of the check was unauthorized and gave judgment judg judgment ment to F Fee for The case was appealed by the bank but the supreme court ourt held yesterday yes a that the bank had no nn authority to pay the check The rho application for tor a reheating rehearing In the case of at John against Berl L Smith and Peter Porter in which the su suIr supreme preme Ir me court upheld Judge Lewis in an opinion handed down on November 3 was denied The refusal al of at Judge Lewis to grant a continuance ot of the case and giving ing i II judgment to when both Smith and I nd Porter were absent was the basis for forth fortin tin th appeal |