The court considered whether the defendant
was negligent in responding to the check
entitling the plaintiff to recover the money
paid. The court held that money deposited on
the account it was very had to be withdrew
without fraud one the same day in few hours.
The court further held that the defendant would
have succeeded if it proved that there was
proof of fraud committed with the knowledge,
actual or constructive, of the plaintiff.
Therefore in absence evidence, the defendant
was negligent in paying the money.