Mayer v. Kilpatrick
New York Court of Common Pleas
Appeal from trial term. Action by Sophie Mayer against T. Judson Kilpatrick and others to recover damages for an alleged conversion of a check. From a judgment dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtBischoff, J.
Plaintiff, by Adolph H. Mayer, her husband and agent, conducted a tailoring business in premises of which the husband was the lessee in person, and respecting which defendants were the agents of the lessor. In connection with, and for the purposes of, her business, plaintiff kept a deposit account with the Riverside Bank, against which her husband was authorized to draw as the exigencies of the business required. On July 11, 1891, the husband paid defendants one month’s rent by a check to their order, and signed by him, “Adolph H. Mayer, Attorney.” Several days later, defendants represented…
2Cases cited4 opinions
- Dillenback v. JeromeNew York Supreme Court · 1827
- Brown, Hussey & Erith v. HowardNew York Supreme Court · 1817
- Bush v. LyonNew York Supreme Court · 1828
- Hall v. DaggettNew York Supreme Court · 1827
3Cited by1 opinion
- Fidelity & Guaranty Fire Corp. v. Marine Midland Trust Co.Appellate Terms of the Supreme Court of New York · 1937