United States v. Chase Nat. Bank
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. (Action by the United States against the Chase National Bank. A judgment for defendant was entered on direction of verdict in its favor (241 Fed. 535), and the United States brings error. Lieutenant E. V. Sumner, United States Army, was quartermaster at Ft.
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In Error to the District Court of the United States for the Southern District of New York. (Action by the United States against the Chase National Bank. A judgment for defendant was entered on direction of verdict in its favor (241 Fed. 535), and the United States brings error. Lieutenant E. V. Sumner, United States Army, was quartermaster at Ft. Ethan Allen, Vt., and as such a disbursing officer having, authority to draw drafts or checks on the treasury of the United States. Sergeant Howard was his pay clerk, and as such known at a national bank, in the nearby city of Burlington. Howard…
1Per curiam
[1] We have recently pointed out, in United States v. Bank of New York, 219 Fed. 648, 134 C. C. A. 579, L. R. A. 1915D, 797, that the United States can no more repudiate its acceptance, and recover what its Treasurer paid on a bill with drawer’s name forged, than can a private person.
[2] The distinction taken on this writ, and said to make a difference in result, is that not only was the drawer’s name forged, but so *106was the indorser’s, and it is argued that this first, though .forged, in-dorsement was guaranteed by the presenting bank, this defendant. But the name used for drawer, payee, and…
2Cases cited3 opinions
- Snyder v. Corn Exchange National BankSupreme Court of Pennsylvania · 1908
- Trust Co. of America v. Hamilton BankAppellate Division of the Supreme Court of the State of New York · 1908
- United States v. Bank of New YorkCourt of Appeals for the Second Circuit · 1914
3Cited by5 opinions
- Norton v. City Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1923
- American Hominy Co. v. Millikin Nat. BankDistrict Court, S.D. Illinois · 1920
- Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'nDistrict Court, S.D. New York · 2011
- Childs v. Empire Trust Co.Court of Appeals for the Second Circuit · 1932
- Phoenix Die Casting Co. v. Manufacturers & Traders Trust Co.Appellate Division of the Supreme Court of the State of New York · 1968