Continental National Bank v. National Bank of the Commonwealth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover $63,062.50 paid by plaintiff upon a check dated May 1st, 1866, drawn upon plaintiff by one John Eoss to the order of J. S. Cronise & Co. The check purported to be certified by the teller of plaintiff’s bank and was received by Cronise & Co. from John Eoss, the maker, as a certified check, and by Cronise & Co. deposited in defendant’s bank. The certification was a forgery. John Ross, who drew this…
1Opinion of the CourtEolgeb, J.
The jury have found to be a forgery the writing on the check, which purports to be a certification thereof by the plaintiff’s teller. They have also found that the teller, when resorted to, in effect pronounced it genuine.
That the plaintiff would be bound by the act of its teller, had he in fact certified the cheek, is settled. (Far. & Mech. Bk. v. Butch. & Drov. Bk., 16 N. Y., 125; S. C., 14 N. Y., 623.) Eor do we doubt that an admission by him that it was genuine, made on the presentation to him of the counterfeited certification and inquiry put, also binds the plaintiff. We can see no…
2Cases cited4 opinions
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Farmers Mech.' Bank of Kent v. . Butchers Drovers' Bk.New York Court of Appeals · 1856
- Brown, Russell & Russell v. SpragueNew York Supreme Court · 1848
3Cited by80 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Anderson v. HubbleIndiana Supreme Court · 1884
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
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