Clark v. National Shoe & Leather Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought to recover the sum of §1,950, the complaint alleging that sum to be due the plaintiff upon his deposits in the defendant’s bank. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought to recover the sum of §1,950, the complaint alleging that sum to be due the plaintiff upon his deposits in the defendant’s bank. The facts, so far as material, are stated in the opinion. The several accounts stated became conclusive upon the failure of the plaintiff upon examination of the accounts to object to the same, irrespective…
1Opinion of the CourtLandon, J.
To sustain his cause of action the plaintiff gave evidence tending to prove that twenty-one of the many checks which he drew against his deposits in the defendant’s bank had been intrusted to his bookkeeper, one Lamothe, who by fraudulent alterations before presentation to the bank, raised them above the amounts for which they were- drawn,- and that the bank paid them to the bookkeeper at their increased amounts, and so charged them to the plaintiff; and that the aggregate of such fraudulently increased amounts was the sum of $1,950. The account extended from February 11, 1895, until October…
2Cases cited6 opinions
- People v. . McLaughlinNew York Court of Appeals · 1896
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Peck v. . ValentineNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. TaylorNew York Court of Appeals · 1992
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- People v. CaprioAppellate Division of the Supreme Court of the State of New York · 1966
- McCarthy v. . MeaneyNew York Court of Appeals · 1905
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