State Bank v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George M. Brown and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the, county of Wyoming on the 9th day of June, 1903, upon the report of a referee.
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Appeal by the defendants, George M. Brown and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the, county of Wyoming on the 9th day of June, 1903, upon the report of a referee. The action was commenced on the 22d day of April, 1897, to recover the amount alleged to have been embezzled from the plaintiff by one Earle S. White, while in its employ as cashier, and which it is claimed was secured to it by a bond executed by said White as principal and by the defendants and two others as sureties, and upon which this suit is brought.…
1Opinion of the Court
McLennan, P. J. :
The plaintiff is a banking corporation, organized on the 12th day of April, 1890, pursuant to the laws of this State, and on said date it took over the entire assets and business of the private banking firm of Adams, Weed & Co., and since that time said plaintiff has been conducting a regular banking business in the village of Pike, Wyoming county, N. Y.
One Earle S. White had been the cashier of Adams, Weed & Co., and upon the organization of the plaintiff was employed in the same position with it, and so continued until August 15, 1895, during which time he had principal…
2Cases cited3 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Ocean Nat. Bank of N.Y. City v. . CarllNew York Court of Appeals · 1874
- State Bank of Pike v. . BrownNew York Court of Appeals · 1901
3Cited by2 opinions
- In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919
- National Surety Co. v. SeaichAppellate Division of the Supreme Court of the State of New York · 1916