Melville Fuller

“ The questions for determination were defendant's knowledge of the state of Dobbins & Dazey's account when the checks were certified, and his intent in the certifications.
Section 5208 made it unlawful for any officer, clerk, or agent of any national banking association to certify any check drawn upon it, unless the drawer of the check had on deposit, at the time such check was certified, an amount of money equal to the amount specified therein, and provided the consequences which should follow on a violation of the section. ”

“ The court asked if counsel referred to the act prescribing the penalty for false certification, and, on being answered in the affirmative, stated that the jury had nothing to do with that.' Exception was taken to the reading twice of the part of section 5208, and the failure to read and explain the act of 1882, and to the additional instructions given by the court. ”

“ And so evil design may be presumed if the officer purposely keeps himself in ignorance of whether the drawer has money in the bank or not, or is grossly indifferent to his duty in respect to the ascertainment of that fact.
The defense was that defendant had no actual knowledge that Dobbins & Dazey had not sufficient funds in the bank to meet the checks, nor knowledge of facts putting him on inquiry; that, on the contrary, he believed that they had such funds ”