Rochester & Charlotte Turnpike Road Co. v. Paviour
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered April 8, 1898, upon an order of the Appellate Division in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the plaintiff upon a verdict directed by the court.
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Appeal from a judgment of the Supreme Court, entered April 8, 1898, upon an order of the Appellate Division in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the plaintiff upon a verdict directed by the court. In 1896, the plaintiff, a domestic turnpike corporation, operated a turnpike which extended from the city of Rochester to the village of Charlotte, and one Marsenus H. Briggs was, and for several years had been, its treasurer. In June,…
1Opinion of the CourtVann, J.
By delivering the policies to Briggs without collecting the premiums at the time, the defendant apparently gave credit for the same and thus made the debt his own. At all events, he subsequently treated it as a debt owing by Briggs to himself, the same as he- had similar claims under like circumstances in previous years. Briggs had no authority, either actual or apparent, to give the checks of the plaintiff in payment of his own debt or that of a third person. If the defendant knew or believed, or had good reason to believe, that, in giving the checks, Briggs was appropriating the money of…
2Cases cited10 opinions
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Gerard v. . McCormickNew York Court of Appeals · 1891
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3Cited by61 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Trenton Trust Co. v. Western Surety Co.Supreme Court of Missouri · 1980
- Hartford Accident & Indemnity Co. v. American Express Co.New York Court of Appeals · 1989
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
- Carlisle v. . NorrisNew York Court of Appeals · 1915
56 more not listed; retrieve them via the Exa API.