Metallurgical Securities Co. v. Mechanics & Metals National Bank
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Metallurgical Securities Company, from a judgment of the Supreme Court in its favor, entered in the office of the clerk of the county of New York on the 22d day of October, 1915, upon the verdict of a jury for $200, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff seeks to recover from the defendant $1,200 as the balance of the deposit due. Defendant contends that $200 only is due of said deposit, and for that amount the plaintiff has judgment. Two checks of $500 each, signed by the plaintiff and made payable, according to the testimony of "plaintiff’s vice-president, to Bounds, Hatch, Dillingham & Dehevoise, were paid by the defendant bank without indorsement of the payees therein named. It seems that one Begasse, who was in the plaintiff’s employ, procured the money upon said checks, and when the checks were returned at the…
2Cases cited3 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Kearny v. Metropolitan Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Kearny v. . Metropolitan Trust CompanyNew York Court of Appeals · 1906
3Cited by3 opinions
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- Krupsaw v. W. T. Cowan, Inc.District of Columbia Court of Appeals · 1948
- Prudential Insurance of America v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1917