Thomson v. . Bank of British North America
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs entered upon a decision of.the court on trial at Special Term. (Reported below, 13 J. & S. 1.) On and before March 9, 1870, the defendants were bankers at the city of oNew York, having funds of plaintiffs on deposit.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs entered upon a decision of.the court on trial at Special Term. (Reported below, 13 J. & S. 1.) On and before March 9, 1870, the defendants were bankers at the city of oNew York, having funds of plaintiffs on deposit. The plaintiffs wishing to invest in bond and mortgage, -one William 0. Barrett, their attorney, told them that he had arranged with Mrs. Margaret G. Halpine, that she should give her bond and - a mortgage for a loan of $17,500. On the date specified;…
1Opinion of the CourtRapallo, J.
Had it appeared in this case that the certification of the check given by the defendant to the plaintiffs was obtained by the plaintiffs or their authorized agent, or that the claim of the defendant upon the Merchants’ Bank had been barred by the statute of limitations before the plaintiffs notified the defendant of the forgery, and demanded payment from it, there would be great difficulty in affirming this judgment. Ordinarily, where the payee or holder of a check which is payable immediately, instead of demanding payment procures 'the check to be certified, the check is as between the…
2Cases cited1 opinion
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
3Cited by42 opinions
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Koehler v. . HughesNew York Court of Appeals · 1896
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
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