Morgan v. Bank of State of New York
The Superior Court of New York City
The plaintiff, by Ms complaint, demanded judgment for the sum of $916t/7, as moneys deposited by him with the defendants, and which, upon request, they had refused to pay. The defence was, that the defendants had paid to the order . of the plaintiff, upon two checks drawn by him, one dated April 29th, 1852, for the sum of $291Tf„ ; the other dated Hay 3d, 1852, for $445tW ; the whole sum demanded by the complaint. The cause was tried before Hr.
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The plaintiff, by Ms complaint, demanded judgment for the sum of $916t/7, as moneys deposited by him with the defendants, and which, upon request, they had refused to pay. The defence was, that the defendants had paid to the order . of the plaintiff, upon two checks drawn by him, one dated April 29th, 1852, for the sum of $291Tf„ ; the other dated Hay 3d, 1852, for $445tW ; the whole sum demanded by the complaint. The cause was tried before Hr. Justice Duer and a jury on the 10th of November, 1852. Upon the trial the plaintiff’s counsel read in evidence the following stipulation, signed by…
1Opinion of the CourtBy the Court. Paine, J.
Although no explanation was given upon the trial of the purposes for which the checks were drawn, nor of the circumstances under which they passed from the possession of the plaintiff,-it seems to us, there is no reasonable ground upon which his right to recover in this action can be doubted. When a bill'or check is payable to order, to justify the application to its .payment of the funds of the drawer, ■ it must be proved that the required order was in fact given—in other words, it must be proved that the endorsement was genuine—and the burden of this proof rests upon the person, or bank…
2Cited by5 opinions
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- Honig v. Pacific BankCalifornia Supreme Court · 1887
- Rogers v. WareNebraska Supreme Court · 1873
- F. J. Vanbibber & Co. v. Bank of LouisianaSupreme Court of Louisiana · 1859
- Thomson v. Bank of British North AmericaThe Superior Court of New York City · 1879