Porges v. United States Mortgage & Trust Co.
New York Court of Appeals
Appeal from an. order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1909, reversing a judgment hi favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Hoyt had no express or implied power to indorse checks.
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Appeal from an. order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1909, reversing a judgment hi favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Hoyt had no express or implied power to indorse checks. The power of attorney conferred broad authority in disposing of Mrs. Forges’ property, but nowhere is authority to indorse commercial paper hinted. (1 Clark & Skyles on Agency, § 268; Jackson Paper Mfg. Co. v.…
1Opinion of the CourtCollin, J.
On May 14, 1907, Adelhert E. Hoyt had in his possession a certified check, dated May 10, 1907, drawn on the Chatham National Bank by J. L. Van Sant to the order of himself and by him indorsed: “Pay to the order of Julia W. Porges. J. L. Van Sant.” Hoyt on that date indorsed it thus: “ Pay to the order of A. E. Hoyt. Julia W. Porges,” and thereunder: “A. E. Hoyt,” and deposited it to his account with the defendant, which placed the amount thereof to his credit and collected the check from the Chatham National Bank. This plaintiff, alleging that she was the owner and entitled to the possession…
2Cases cited14 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Rossiter v. RossiterNew York Supreme Court · 1832
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Jackson Paper Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1902
- Craighead v. . PetersonNew York Court of Appeals · 1878
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3Cited by50 opinions
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- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
- Crahe v. Mercantile Trust & Savings BankIllinois Supreme Court · 1920
- In Re the Accounting of ZalewskiNew York Court of Appeals · 1944
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