Fishkill Savings Institution v. National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming á judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 19 Hun, 354.) This action was brought to recover for the alleged conversion of certain United States bonds. The facts appear sufficiently in the opinion. The Bank of Fishkill was in no sense a bailee of the bonds left by the owner with the cashier for safe-keeping.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming á judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 19 Hun, 354.) This action was brought to recover for the alleged conversion of certain United States bonds. The facts appear sufficiently in the opinion. The Bank of Fishkill was in no sense a bailee of the bonds left by the owner with the cashier for safe-keeping. (Ocean Bank Case, 60 N. Y., 278; Wiley v. Nat. B. Brattleboro, 47 Vt., 546; City Nat. B. v. Paduca, Thomp. U. S. Cases, 305; Weckler v.…
1Opinion of the CourtDanfoeth, J.
Upon the facts disclosed by the record, I think the case is with the respondent. Bartow was the cashier of the defendant, The National Bank of Fishkill., He was its managing officer, its general agent in business. As such he contracted debts, and borrowed money, during a series of years, with the knowledge of its directors, and with their consent and approbation. He was at the same time the plaintiff’s treasurer. In March, 1874, the plaintiff owned the bonds in question. The defendant, the national bank, had for its correspondent m New York, the Merchants’ Exchange National Bank. In the…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Beach v. Fulton BankNew York Supreme Court · 1827
3Cited by21 opinions
- Greenspahn v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1951
- Lowndes v. City National BankSupreme Court of Connecticut · 1909
- Dorsey Machine Co. v. McCaffreyIndiana Supreme Court · 1894
- McCord v. Western Union Telegraph Co.Supreme Court of Minnesota · 1888
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
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