Freund v. Importers & Traders' National Bank
New York Supreme Court
Appeal from judgment recovered on tbe dismissal of plaintiffs .lomplaint at tbe Circuit. The check was not indorsed by the payees. It was indorsed in the name of the payees by N. Blnn, and there is no evidence of authority on his part to indorse it. It is well settled that the transferee of an unindorsed check has no right to sign the name of the transferer as indorser upon the same. (Byles on Bills, 150; Narlop v. Fisher, 10 Com.
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Appeal from judgment recovered on tbe dismissal of plaintiffs .lomplaint at tbe Circuit. The check was not indorsed by the payees. It was indorsed in the name of the payees by N. Blnn, and there is no evidence of authority on his part to indorse it. It is well settled that the transferee of an unindorsed check has no right to sign the name of the transferer as indorser upon the same. (Byles on Bills, 150; Narlop v. Fisher, 10 Com. B. [N. S.], 196, 202, 203.) The obligation of the bank not being absolute, but limited, it had no right to pay the check against the notice of plaintiffs, unless…
1Opinion of the Court
Daniels, J.:
The plaintiffs had a deposit account with the defendant, and on the 1st of December, 1869, drew their check upon it payable to M. Oppenheimer & Sons, or order, for the sum of $738.88, and delivered it to the payees as a loan. On the same day the payees transferred it by delivery and without indorsement, to N. Blun & Sons, to whom they were indebted for goods sold, and Blun & Sons procured it to be certified by the proper officer of the defendant on that day. Blun & Sons had previously received, on the sale of their goods to the payees, a check for $938.88, on a bank in Massilon,…
2Cases cited6 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- Schepp v. . CarpenterNew York Court of Appeals · 1873
- Nassau Bank v. Broadway BankNew York Supreme Court · 1869
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