Seaboard National Bank v. Bank of America
New York Supreme Court
Action by the drawee of a draft against the holder thereof, to whom the same had been paid, upon the latter’s implied guaranty of the genuineness of the signatures of the antecedent indorsers.
1Opinion of the CourtLevertritt, J.
This case is to be disposed of on these undisputed facts: E. V. Babcock & Co., engaged in the lumber business in the city of Pittsburg, Pa., kept an account in the Federal National Bank there located. One H. R. Pennock, to the knowledge of the bank, was the auditor and chief bookkeeper of that firm, and had access to its check-books and its books generally, and on occasions he called at the bank with reference to- certain financial matters of the firm. On September 17, 1904, Pennock went to the bank, and, claiming to represent E. Y. Babcock & Co., presented a check purporting to be a check of…
2Cases cited3 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- E. S. Karoly Electrical Construction Co. v. Globe Savings BankAppellate Court of Illinois · 1896
- Levy v. Bank of AmericaSupreme Court of Louisiana · 1872
3Cited by3 opinions
- Commercial Bank & Trust Co. v. Southern Industrial Banking Corp.Court of Appeals of Tennessee · 1932
- Seaboard Nat. Bank v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 1907
- Seaboard National Bank v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 1907