Legal Opinion

Pierson v. . Atlantic National Bank

New York Court of Appeals

Decided May 20, 1879PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by the Guardian Mutual Life Insurance Company of New York to recover two loans of $25,000 each, alleged to have been made by it to defendant.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was originally brought by the Guardian Mutual Life Insurance Company of New York to recover two loans of $25,000 each, alleged to have been made by it to defendant. The defense was that the loans were, in fact, made to one F. L. Taintor, who was- defendant's cashier, and not to the defendant. The present plaintiff, having been appointed receiver of said company, was substituted as plaintiff in its stead.…

1Opinion of the CourtMiller, J.

The notes given when the loans of money were made, to recover which this action was brought, were both signed by F. L. Taintor, payable to the order of A. W. Gill, president, and contained a statement that United States bonds were pledged as collaterals. The checks for the several amounts were signed by Gill as president and payable to the individual order of Taintor. Gill was the president of the Guardian Mutual Life Insurance Company, and Taintor was the cashier of the Atlantic National Bank of New York. The entries made in the books of the plaintiff’s company were in each case, ‘‘ Call…

2Cases cited4 opinions

  1. First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
  2. Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
  3. Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
  4. Hoag v. . LamontNew York Court of Appeals · 1875

3Cited by8 opinions

  1. Central Railroad & Banking Co. v. SkellieSupreme Court of Georgia · 1891
  2. Robinson v. BarnettSupreme Court of Florida · 1882
  3. City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Hanson v. HeardSupreme Court of New Hampshire · 1897
  5. In re Delpark, Inc.Court of Appeals for the Second Circuit · 1933

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