Flannagan v. National Union Bank of Dover
City of New York Municipal Court
On April 21, 1883, one M. R. Ford applied to and obtained from the defendant, the National Union Bank of Dover, N. J., a draft on the National Broadway Bank for “eight 50-100 dollars.”
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On April 21, 1883, one M. R. Ford applied to and obtained from the defendant, the National Union Bank of Dover, N. J., a draft on the National Broadway Bank for “eight 50-100 dollars.” Ford, or some one in his interest, raised the "eight” to “eighty,” thereby making it appear to be a draft for “eighty 50-100 dollars,” and then induced the plaintiff, William W. Flannagan, to give him $80.50 for it; which he did in good faith, believing the draft to have been .originally drawn for that amount. The alteration was easily made, as it simply required the insertion of the letter “y” after the…
1Opinion of the Court
McAdam, C. J.,
(after stating the facts as above.) In determining which of two innocent persons, the plaintiff or defendant, must suffer by the fraudulent act of Ford, the payee of the draft, it is proper to commence with the rule that the duty of ascertaining the genuineness of all parts of a check or draft (except the signature of the drawer) devolves upon the holder (Bank v. Bank, 3 Wkly. Dig. 583,) and that the drawee of a bill is presumed to know only the handwriting of the drawer, and this he cannot, after payment, dispute, to the prejudice of the holder to whom the payment has been…
2Cases cited13 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- Holmes v. TrumperMichigan Supreme Court · 1871
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
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3Cited by1 opinion
- Mt. Morris Bank v. LawsonNew York Court of Common Pleas · 1894