Coggill v. . the American Exchange Bank
New York Court of Appeals
Error to the Supreme Court, where Coggill sued the American Exchange Bank in assumpsit, to recover back the money which he, as the drawee and acceptor, had paid to the hank as the holders of a bill of exchange, upon which the name of the payee had been forged. The case was this; Shapley and Billings' were partners in business at Earlville, Madison county, and the plaintiff resided and did business in the city of New York.
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Error to the Supreme Court, where Coggill sued the American Exchange Bank in assumpsit, to recover back the money which he, as the drawee and acceptor, had paid to the hank as the holders of a bill of exchange, upon which the name of the payee had been forged. The case was this; Shapley and Billings' were partners in business at Earlville, Madison county, and the plaintiff resided and did business in the city of New York. On the 28th of July, 1843, O liarles S. Billings, one of the partners, drew a bill in the name of the firm, on the plaintiff, for $1,500, payable to the order of Truman…
1Opinion of the CourtBronson, J.
In an action against the drawee of a bill, it is not enough for the holder to prove that it has been accepted, without also establishing his title to the bill. And if the acceptor, under a mistake as to the fact of ownership, has paid the bill to one who had no title, the money may be recovered back, although it was paid to a bona fide holder. (Canal Rank vs. Bank of Albany, 1 Hill 287.) The plaintiff relies upon this case as not "being distinguishable from he own; but he is under a great mistake. It is not expressly stated in the report of that case, that Bentley, the payee named in the…
2Cited by31 opinions
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
- Seaboard National Bank v. Bank of AmericaNew York Court of Appeals · 1908
- Hall v. Bank of BlasdellNew York Court of Appeals · 1954
- Snyder v. Corn Exchange National BankSupreme Court of Pennsylvania · 1908
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