Johnson v. Bank of North America
The Superior Court of New York City
This was an action brought in August, 1859, to recover back the amount of a draft drawn by a firm in Washington, (D. C.) consisting of the plaintiffs and a Mr. Purdy, (known as The Washington City Savings Bank, upon a firm in New York, (Griggs & Lothrop,) in favor of a firm in Baltimore, (Josiah Lee & Co.,) paid by a bank in New York, (The Park Bank,) to the defendants, as agents of the Baltimore firm, after, as was claimed, the same had been previously satisfied by a check…
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This was an action brought in August, 1859, to recover back the amount of a draft drawn by a firm in Washington, (D. C.) consisting of the plaintiffs and a Mr. Purdy, (known as The Washington City Savings Bank, upon a firm in New York, (Griggs & Lothrop,) in favor of a firm in Baltimore, (Josiah Lee & Co.,) paid by a bank in New York, (The Park Bank,) to the defendants, as agents of the Baltimore firm, after, as was claimed, the same had been previously satisfied by a check of the drawees. Such draft was for $2000, dated in August, 1857, (11th,) signed by one plaintiff, (Johnson,) only, as…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The counsel for the plaintiffs in his points and on the hearing expressly repudiated this action as being one to recover back money paid merely by mistake; nor have I been able to discover how it could be sustained against the defendants under that aspect. Their principals, (Leé & Co.) may be liable on that ground, because they made the only communication to the plaintiffs, (a telegram,) which tended to mislead them'; none that emanated from the defendants ever reached them. The complaint contains a series of allegations, ending in a charge of fraudulent…
2Cases cited11 opinions
- Johnson v. WeedNew York Supreme Court · 1812
- Olcott v. RathboneNew York Supreme Court · 1830
- Vail v. . FosterNew York Court of Appeals · 1850
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Cromwell v. LovettThe Superior Court of New York City · 1828
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3Cited by1 opinion
- Bishop v. Wheeling Mold & Foundry Co.West Virginia Supreme Court · 1918