Critten v. Chemical National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ohemical National Bank, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 6th-day of October, 1900, upon the report of a referee. The action was brought to recover a balance of $3,800 of deposits which the plaintiffs had made and which the defendant claims to-have paid and settled.
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Appeal by the defendant, The Ohemical National Bank, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 6th-day of October, 1900, upon the report of a referee. The action was brought to recover a balance of $3,800 of deposits which the plaintiffs had made and which the defendant claims to-have paid and settled. The amount named was, in fact, paid by the defendant upon altered checks to one Davis, formerly employed as clerk by the plaintiffs, and now serving a sentence in State’s prison for forgery. By consent,…
1Opinion of the Court
O’Brien, J.:
The referee correctly disposed of the issues, and were it not for the strong insistence made that the plaintiffs were guilty of such negligence as precludes their recovery, supported as the argument is by authorities in other jurisdictions, we should not deem it necessary to add anything to the reasons assigned by the referee for holding the defendant liable. Each side endeavored to show upon the trial that it was the negligence of the other that was responsible for the loss, it being conceded that the loss should fall on the one through whose fault or negligence the withdrawal of…
2Cases cited12 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Henry v. . AllenNew York Court of Appeals · 1896
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Crawford v. . West Side BankNew York Court of Appeals · 1885
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3Cited by2 opinions
- Riberas v. Banco Agrícola de AguadillaSupreme Court of Puerto Rico · 1933
- Riberas v. Banco Agrícola de AguadillaSupreme Court of Puerto Rico · 1933