Sweeney v. National City Bank of Troy

Plaintiff’s assignor Behan carried a checking account in the National City Bank of Troy in the name of “ Joseph C. Behan, Jr., Special Account.” On April 21, 1931, he drew his check on this account payable to the order of Hanora Kennedy for $5,347.17 and delivered it to William J. O’Connell, a real estate agent of Watervliet, to deliver to Mrs. Kennedy. O’Connell had the check certified on April 23, 1931, and then instead of delivering the check to the payee, he indorsed her name thereon and deposited it in an account of his own at the National Bank of Watervliet in the name of “ The…