Brooklyn Trust Co. v. Toler
New York Supreme Court
Case submitted on agreed statement. Action by the Brooklyn Trust Company on a submitted case against Henry P. Toler to recover the proceeds of a certain certified check in the hands of the clerk of the court of Kings county. Defendant claims the same moneyas assignee of certain claims against the drawer of the check, in which attachments were duly issued and served on the person in whose custody the avails of the check were before being paid to the clerk of the court.
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Case submitted on agreed statement. Action by the Brooklyn Trust Company on a submitted case against Henry P. Toler to recover the proceeds of a certain certified check in the hands of the clerk of the court of Kings county. Defendant claims the same moneyas assignee of certain claims against the drawer of the check, in which attachments were duly issued and served on the person in whose custody the avails of the check were before being paid to the clerk of the court. Judgment for plaintiff.
1Opinion of the CourtBarnard, P. J.
On the 21st of October, 1891, the Brooklyn Trust Company certified a check to be good which was drawn by William B. Whitehouse on the trust company to the order of Augustus W. Peters, chairman. Peters was chairman of the Consolidated Stock & Petroleum Exchange. The check was given as a margin to secure I. M. Comsh upon certain railroad stock. The check was delivered by Whitehouse to Peters, and Peters deposited the *976check with other moneys of the exchange. The certificate was made by mistake, and on the 22d of October, 1891, before 10 A. m., the exchange had notice of the mistake. The trust…
2Cases cited1 opinion
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
3Cited by1 opinion
- Rankin v. Colonial BankNew York Supreme Court · 1900