Legal Opinion

Stephens v. . Board of Education

New York Court of Appeals

Decided December 9, 1879PublishedCited by 88 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon an order overruling exceptions and directing judgment upon a verdict. This action was brought to recover moneys alleged to have been received by defendant belonging to plaintiff. "The facts appear sufficiently in the opinion.

1Opinion of the CourtAndrews, J.

There is no dispute as to the material facts. On and prior to the 18th of December, 1871, one Gill was a member of the board of education of the city of Brooklyn, and, as attorney for said board, received $3,600.84, the money of the board, which he wrongfully converted and appropriated to his own use. Soon after the date mentioned, he procured from the plaintiff on a mortgage forged by him oft the property of a third person $4,129.34 in a check of the plaintiff which on the 21st of December, 1871, he deposited in a. bank, to his credit, and on the same day drew his own check on the bank in…

2Cases cited2 opinions

  1. Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
  2. Caussidiere v. BeersNew York Court of Appeals · 1865

3Cited by88 opinions

  1. Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
  2. Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
  3. Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
  4. Ball v. . ShepardNew York Court of Appeals · 1911
  5. C.H. Robinson Co. v. Trust Co. Bank, N.A.Court of Appeals for the Eleventh Circuit · 1992

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