Lecour v. Importers & Traders' National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Importers and Traders’ National Bank of New York and another, from a judgment of the Supreme •Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of September, 1898, upon • the report of a referee. This appeal was transferred from the first department to the .second department.
1Opinion of the Court
Cullen, J. :
This action was brought for the conversion of a check for $7,891.72, drawn to the order of plaintiff’s intestate, Eugene, H, Lecour, as executor of Joseph Houpert, by the chamberlain of the •city of New York. It was the- amount awarded to the payee as holder of a second mortgage in proceedings for the distribution of surplus moneys. In that proceeding one Edmond Huerstel was the .attorney for the payee of the check. Huerstel indorsed the check in the name of the payee, delivered it to the defendant Kling, who gave his own check for the same amount to Huerstel’s order. Kling…
2Cases cited6 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Stephens v. . VromanNew York Court of Appeals · 1857
- Shaddock v. Town of CliftonWisconsin Supreme Court · 1867
- Mayor v. FayNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lecour v. Importers & Traders' National BankAppellate Division of the Supreme Court of the State of New York · 1901