Prudential Insurance Co. of America v. Natl. Bank of Commerce
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10,1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10,1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The indorsement of the checks by the plaintiff’s agent Eaton was equivalent to a guaranty of the genuineness of the prior indorsements which the plaintiff is estopped to deny, and the plaintiff is precluded thereby, as a matter of law, from recovering in this action.…
1Opinion of the CourtChase, J.
The plaintiff is an insurance corporation having its principal place of business in Newark, New Jersey. In 1912 and prior to that time, one Eaton was its manager and agent for the states of Maine and New Hampshire, and had his office at Portland, Maine. In the course of the plaintiff’s business and on March 18, 1912, it sent to Eaton at Portland a check drawn on the defendant bank to the order of Rena C. Phipps for $1,983.26, dated on that day which stated on the face of the check that it was “ In full for all claims under policy No. 164,163 ” (being a policy in which said Phipps was the…
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