Phillips v. Mercantile National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 17, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 17, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint, on the ground that the indorsement by Bartlett of the name of the payees upon the checks which he had drawn as cashier to the order of Brown & Stubbs was not forgery, was error. (Miller v. People, 52 N. Y. 305; 3 Chitty Crim. Law,…
1Opinion of the CourtGray, J.
The plaintiff is the receiver of the 27ational Bank of Sumter, in South Carolina, and through this action seeks to recover a balance alleged to be due on a deposit account with the defendant bank. The question presented by the record is whether certain twelve checks, drawn by the cashier of the Sumter bank, which were paid by the defendant bank, could properly be debited in account to the Sumter bank. Bartlett, .its cashier, had drawn them upon the defendant for various amounts; some to the order of A. S. Brown and some to the order of O. E. Stubbs. In the check book he would enter sometimes…
2Cases cited2 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
3Cited by60 opinions
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- Standard Steam Specialty Co. v. Corn Exchange BankNew York Court of Appeals · 1917
- Hall v. Bank of BlasdellNew York Court of Appeals · 1954
- American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
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