National Park Bank v. Ninth National Bank
New York Supreme Court
APPEAL from an order made at a special term, sustaining a demurrer to the amended complaint in this action. It was alleged in - said amended complaint, that the plaintiff is and, at the times hereinafter mentioned, was a corporation, duly incorporated and existing under and by virtue of an act of the congress of the United States, entitled “ An' act to provide a national currency, secured by a pledge of United States bonds, and to provide for the circulation and redemption…
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APPEAL from an order made at a special term, sustaining a demurrer to the amended complaint in this action. It was alleged in - said amended complaint, that the plaintiff is and, at the times hereinafter mentioned, was a corporation, duly incorporated and existing under and by virtue of an act of the congress of the United States, entitled “ An' act to provide a national currency, secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,” approved June 3d, 1864, and has capacity to sue by the above title. That the defendant was, at the times herein…
1Opinion of the CourtSutherland, J.
It appears from the complaint that not only the amount and name of the payee of the bill or draft was altered, but also that the name or words “Wm. Bidgely, cashier,” purporting to be the signature of the cashier of the drawer to the altered draft or bill, was forged, or counterfeited. The case, therefore, made by the complaint, is within the rule laid down by Lord Mansfield in Price v. Neale, (3 Burr. 1354.) This decision was not overruled in Smith v. Mercer, (6 Taunt. 76,) but was recognized by a majority of the judges. Neither in Smith v. Mercer nor in Cocks v. Masterman (9 B. & C. 902)…
2Cases cited11 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
- Herrick v. WhitneyNew York Supreme Court · 1818
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3Cited by4 opinions
- Redington v. WoodsCalifornia Supreme Court · 1873
- City Bank of Houston v. First National BankTexas Supreme Court · 1876
- Atchison, Topeka & Santa Fé Railroad v. Smith ex rel. SmithSupreme Court of Kansas · 1882
- Smith v. State BankAppellate Terms of the Supreme Court of New York · 1907