Swartwout v. President of the Mechanics' Bank
New York Supreme Court
Motion to set aside the report of a sole referee. An action of assumpsit was brought by the plaintiff to recover the balance of a bank account kept with the defendants.
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Motion to set aside the report of a sole referee. An action of assumpsit was brought by the plaintiff to recover the balance of a bank account kept with the defendants. The plaintiff was collector of the customs for the port of New-York, from October 1st, 1833, and kept a bank account with the defendants in the name of “ Samuel Swartwout, collector,” which was continued until November 1st, 1838, when there was a balance to his credit of $751,26. The deposits upon this were very frequent, and in very large amounts, frequently exceeding $50,000 per day. During, the same period the plaintiff…
1Opinion of the Court
By the Court, Whittlesey, J.
The plaintiff while collector of the port of New-York, kept an account at the defendant’s bank, in the name of “ Samuel Swartwout, collector.” On this account there is a balance in favor of the depositor of *557$751,26, to recover which the plaintiff sues, being out of office, as we may assume from the fact that his check is signed by him with the addition of “ late collector.” The defence set up is that the money belongs to the United States. If it is shown that it does in fact belong to the United States, and by the deposit in this account was placed at the control…
2Cited by11 opinions
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- German Exchange Bank v. Board of Commissioners of ExciseNew York Supreme Court · 1879
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