Page images
PDF
EPUB

The genuine green ink used has a very rich grass-green hue. The color of this ink is very strong and will be retained until the note is almost worn out. It will be noticed that the only distinction between the national bank note and the government note is in the shading. The government note appears several shades darker than the national. This ink is also made by a secret chemical process known only to the government. The counterfeit green ink upon close investigation appears in a variety of shades, dark green, pale, or pea green, and lacks the lustrous green of the genuine. It is dull and dead in its appearance.

The genuine black ink used is almost a pure carbon and will retain its jet black and glossy appearance a great length of time, even on old and worn notes. It appears remarkably

fine.

The counterfeit black ink lacks the gloss. It has a brownish, smokey appearance and is devoid of the lustre appearing in the genuine.

The chemical bath which the bank and government note paper receives prepares it for receiving the ink impressions and prevents the ink from spreading, which is frequently noticed on the counterfeit.

The plate used in making these impressions is a work of art and very accurately cut. It is very difficult for the counterfeiter to produce a plate that even resembles the genuine.

To detect altered bank notes it is necessary to become familiar with the genuine engraving. Upon close observation a striking contrast will be observed between the genuine portion of the note and that of the counterfeit substituted.

In the altered bank note the corners are generally extracted and the counterfeit printed into their places. Το execute this work it becomes very difficult. The extracted part of the note must leave the paper more or less damaged; and the printing taking the place of the original and generally the miserable execution of the work can be perceived at a glance. In substituting the letters and figures it is almost impossible to retain the natural and genuine colors; and it will be observed that the substitution presents course outlines and is otherwise imperfect.

Spurious signatures.

The signatures upon all government notes are engraved, while those upon national bank notes, under section 5182, R. S. U. S., are required to be signed. But under the ruling it is held they may be stamped upon the notes.

The same rule applies in detecting the engraved signature and determining its genuineness as given to detect other portions of a note which is engraved. The counterfeit will lack the symmetry and perfect shading and natural appearance.

The signatures appearing on the national bank notes, as stated, should be signed. They are those of the president or vice-president and the cashier of the bank.

It is very difficult to determine the genuineness of the written signature unless you have the standard or genuine before you; and have familiarized yourself with the characteristics of the writer. Having become thoroughly familiar with the genuine signature of the writer, it does not become impossible to detect a counterfeit; but it is impossible that a banker or teller should have the opportunity to know the signatures of the signing officers to the national bank notes, and therefore it is seldom that a counterfeit national bank note is discovered through this source.

There is no known rule to be guided by in the detection of a counterfeit signature. It has been demonstrated beyond question that the most scientific and greatest experts have been deceived at their own trade.

Of course the forgery of a signature may be and frequently is discovered, but this is usually done where the work is rough and unskillfully performed. No person ever wrote his signature exactly alike the second time. It is a thing impossible to

do.

Where the forger

Expert knowledge is very useful, especially in discovering forgeries of instruments such as wills. undertakes to imitate the handwriting of a person (other than his signature) it becomes very difficult, and the forgery may be comparatively easy to detect; but it is very difficult to detect a forged signature where skillfully executed, therefore the courts hold that the bank can only be held responsible for such reasonable care, prudence, and skill as may be required and is expected of a paying teller.

The receiving teller may not have the time to apply all these various tests; but if when receiving a deposit he has any doubt as to the genuineness of a note or coin it is his duty to call the attention of the depositor to the fact, and if upon examination it is discovered that the coin or bill is a counterfeit, it then becomes the duty of the officer or receiving teller to immediately take possession of such counterfeit coin or note, and if a note to stamp in plain letters upon the face of the same the word "counterfeit."

Section 5 of the act of Congress approved June 30, 1876, provides "that all United States officers charged with the receipt or disbursements of public moneys, and all officers of national banks, shall stamp or write in plain letters the word "counterfeit," "altered," or "worthless," upon all fraudulent notes issued in the form of, and intended to circulate as money which shall be presented at their places of business; and if such officers shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face value thereof."

There are no provisions of law enacted by any State directing that officers of State banks shall mark such notes as are found to be counterfeit; but it would clearly be the duty of such officer to do so.

Counterfeit notes or coins when detected should be remitted to the treasury department at Washington. After receipt of same at such office, and upon examination, if they are found to be counterfeits, they are returned to the sender (canceled) for the purpose of enabling him to make reclamation; and after such use they must be finally returned to the Treasury Department and by it transferred to the secret service division thereof.

The teller must also satisfy himself that all checks presented by the depositor are regular.

As stated in a previous chapter the check must be dated, must be drawn on a bank, it must call for a certain sum of money, payable either to bearer or to order of a person named, and be signed by the maker. Being satisfied that the check is regular he should require the depositor to indorse the same, for by such indorsement the bank is in possession of positive

evidence of the. source of its receipt; and the last endorser may also be held liable to the bank.

If the teller receives certified checks, being checks certified by another bank, the indorsement of the depositor becomes necessary to pass the title of the check and establish the fact that he is the bona fide holder.

§ 151. Limitation of power.

The receiving teller has no authority to make discounts, certify checks, or allow a credit to a depositor. His duty is confined to receiving money, and only such documents as pass for cash. He should not open an account with a stranger until he has been instructed or authorized to do so. This authority is left with the president or cashier, who may alone determine who the customers of the bank shall be.

$152. Rule as between depositor and bank correcting errors. The receiving teller in receiving a deposit may fail to give the depositor the proper credit on his pass book. Errors are likely to occur in this way. The depositor failing to list the items of deposit on the deposit slip, which may consist of coin, notes, checks, etc., the teller should return the deposit slip to him and request him to enter each item on the deposit. slip. Failing to do this the teller's entry of the amount of the deposit in the absence of the depositor is subject to correction. If the depositor can show that an error has been made, and he has not received a proper credit, the bank will be held liable. But it may be very difficult for him to show this. If he has entrusted the money, checks, and drafts, together with his pass-book, with the teller and leaves the bank before the entry is made, the teller may become both his agent and the agent of the bank for the purpose of making the deposit.

The teller may require the depositor to remain and verify the amount to be entered to his credit in his pass book. But where the depositor says, "I am in a hurry, I cannot remain," and the teller enters the deposit, the bank may be held for an error if any should occur. The teller is not required to take the responsibility of listing the items for the party upon the deposit slip, and may refuse to give credit to the depositor

unless the items have been listed upon the deposit ship by the depositor himself.

The bank may make any reasonable rule governing the receiving of deposits, and if known to the depositor, and he fails to comply with it, the bank cannot be called upon to correct an error which was the direct default of the depositor.

Where the rule requires the depositor to verify the correctness of the deposit in the presence of the teller, and failing to do so he entrusts the counting of the deposit, and the entry thereof in the pass book to the teller, the bank cannot be held liable. The depositor has made the teller his agent to count the money and make the entry. The teller, however, may be held liable to the depositor as an agent in case of loss or false entry.

It is well understood that the bank cannot make a by-law, or establish a usage, which would injure or deprive third parties of their rights.

A by-law which may operate by construction of the law to relieve the bank of a reasonable duty or responsibility, which is imposed upon it by the very nature of its business to perform, is void. But a bank is entitled to protection from suspecting and designing persons, and it may enact a by-law which is reasonable, requiring the depositor to be present and verify the correctness of the amount of the deposit, before it is passed to the credit of the depositor.

If a customer of a bank cannot be held to reasonable care and diligence in respect to his own business, he should not ask the bank to be held to correct an error for which he alone is responsible.

A depositor cannot walk into a bank and hand to the teller his deposit book with money and checks for deposit, and leave the same with the teller before the amount of the deposit is verified, and the entry is made, and afterward charge that the teller was in error, and upon his testimony alone hold the bank liable.

The duties in general of the receiving teller may be defined and prescribed by the board of directors, or by the bylaws of the bank. In the absence of such directions or bylaws he is the subordinate of the cashier and is subject to his direction and orders.

« PreviousContinue »