Legal Opinion

Goshen National Bank v. Bingham

New York Court of Appeals

Decided January 14, 1890PublishedCited by 47 opinions

Appeals from judgments rendered by the General Term of the Supreme Court in the first judicial department, entered upon orders made March 31, 1887, which affirmed a judgment in the action first above entitled in favor of defendants and a judgment in action second above entitled in favor of plaintiffs, both of which were entered upon the reports of a referee.

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Appeals from judgments rendered by the General Term of the Supreme Court in the first judicial department, entered upon orders made March 31, 1887, which affirmed a judgment in the action first above entitled in favor of defendants and a judgment in action second above entitled in favor of plaintiffs, both of which were entered upon the reports of a referee. On November 27,1884, Benjamin D. Brown applied to the cashier of the Goshen National Bank, appellant, at Goshen, N. Y. to cash a sight draft for $17,000, drawn by him upon the firm of William Bingham & Go., of New York, the individual…

1Opinion of the CourtParker, J.

As against Brown, to whose order the check was payable, the bank had a good defense. But it could not defeat a recovery by a bona fide holder to whom the check had been indorsed for value. By an oversight on the part of both Brown and Bingham & Co. the check was accepted and cashed without the indorsement of the payee. Before the authority to indorse the name of the payee upon the check was procured and its subsequent indorsement thereon, Bingham & Co. had notice of the fraud which constituted a defense for the bank as against Brown. Can the recovery had be sustained %

It is too well settled…

2Cases cited11 opinions

  1. Trust Co. v. National BankSupreme Court of the United States · 1880
  2. Muller v. . PondirNew York Court of Appeals · 1873
  3. Lancaster National Bank v. TaylorMassachusetts Supreme Judicial Court · 1868
  4. Clark v. . SissonNew York Court of Appeals · 1860
  5. Hedges v. SealyNew York Supreme Court · 1850

6 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. World Exchange Bank v. Commercial Casualty InsuranceNew York Court of Appeals · 1930
  2. Simpson v. First Nat. BankOregon Supreme Court · 1919
  3. Sundail Construction Co. v. Liberty BankNew York Court of Appeals · 1938
  4. Wangner v. . GrimmNew York Court of Appeals · 1902
  5. People v. St. Nicholas BankNew York Supreme Court · 1894

42 more not listed; retrieve them via the Exa API.

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