National Park Bank v. Ninth National Bank
New York Supreme Court
Demurrer to complaint. This action was brought by the National Park Bank of New York against the Ninth National Bank of New York, to recover back money paid by the plaintiffs to the defendants, on a draft which had been altered by forgery, and transmitted by the defendants to the plaintiffs for payment. The facts relied upon by the plaintiffs are briefly as follows : The National Park Bank is the New York correspondent of the Ridgely National Bank, of Springfield, Illinois.
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Demurrer to complaint. This action was brought by the National Park Bank of New York against the Ninth National Bank of New York, to recover back money paid by the plaintiffs to the defendants, on a draft which had been altered by forgery, and transmitted by the defendants to the plaintiffs for payment. The facts relied upon by the plaintiffs are briefly as follows : The National Park Bank is the New York correspondent of the Ridgely National Bank, of Springfield, Illinois. On March 25, 1867, a stranger called at the Ridgely Bank and bought a draft on the Park Bank, of $14.20, which he…
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 were altered, but also that the name or words “Wm. Ridgely, cashier,” purporting to be the signature of the cashier of the drawers 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 Barn. & C.,…
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