White v. Sweeny
New York Court of Common Pleas
Appeal by defendants from a judgment entered on the verdict of a jury, at trial term, under the direction of a judge. Action by plaintiffs (composing the firm of James F. White & Co.) against Daniel M. Sweeny, John B. Frink and the Rational Park Bank, for the conversion of two checks payable to, and the property of, the plaintiffs. The facts are stated in the opinion.
1Opinion of the Court
By the Court.*—Robinson, J.
—The answers of the defendants Frink and Sweeny, each alleged that the several checks, payable to the order of the plaintiffs, for the conversion of which this action was brought, were “ duly indorsed by the payees therein.”
The plaintiffs’ title to the checks was shown not only by their being obligations payable to them, but also by proof of *224the transactions in which they were given. The evidence that their indorsement was forged, stands uncontradicted, and there was no evidence offered from which it could he presumed that they had ever consented to any transfer of…
2Cases cited1 opinion
- Nichols v. . MichaelNew York Court of Appeals · 1861
3Cited by4 opinions
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Salomon v. State BankNew York Supreme Court · 1899
- Page v. ClarkCity of New York Municipal Court · 1917
- Thomson v. Bank of British North AmericaThe Superior Court of New York City · 1879