Cahan v. Empire Trust Co.

(after stating the facts as above).

We have not summarized all' the "evidence given, but have stated the only facts we deem material; they are also clearly proven.

This material evidence proves that defendant received without comment or question, collected, and credited to Cahan, Jr., and permitted him to use, the proceeds of 21, checks on their face showing that the depositor as a fiduciary — i. e.,- an attorney in fact-had drawn his principal’s money for the purpose of transferring it to his own credit and for his own use in defendant’s bank.

This evidence must of course be measured -by and…