First National Bank v. Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court hi the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of defendant, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover $3,412.50 deposited with defendant, a private banker, by the firm of Sliney & Whalen, on December 5, 1882. The facts, as far as material, are stated in the opinion.
1Opinion of the CourtParker, J.
John Sliney, of the firm of Sliney & Whelan, on December 5, 1882, gave to the plaintiff a deposit slip of which the following is a copy:
“Deposited by Sliney & Whelan wmi Judson H. Clark, Banker, Scio, FT. Y., December 5, 1882.
“ Discount $3,412.50. F. ME. BABCOCK.”
Babcock was in the employ of Judson H. Clark, and acted as his cashier.
At the same time Sliney made and indorsed in the firm name and delivered to plaintiff a check, which reads as follows:
“ Soio, N. Y., December 5, 1882.
“Judson H. Clark, Banker, ten days after date pay to the order of Sliney & Whelan, three thousand four hundred and…
2Cases cited3 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Stephens v. . FoxNew York Court of Appeals · 1881
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
3Cited by24 opinions
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- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- American Nat. Bank of Stigler v. FunkSupreme Court of Oklahoma · 1918
- New York Life Insurance v. Patterson & WallaceCourt of Appeals of Texas · 1904
- In Re RuskayCourt of Appeals for the Second Circuit · 1925
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