Second National Bank v. . Burt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 7, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 7, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought against defendant, a former cashier of the plaintiff, to recover damages alleged to have been sustained, because of defendant’s negligence and violation of duty, and to compel him to allow for and pay over profits made by him, by the unlawful use of plaintiff’s funds. The facts so far as material are stated in the…
1Opinion of the Court
Ruger, Ch. J.
The principal question arising upon this appeal is over the alleged liability of the defendant for a neglect of duty as cashier of the plaintiff in discounting certain drafts drawn by Page & Co., of Oswego, upon White & Co., of Albany, in the months of April and May, 1873, and which were accepted by the drawees. These drafts were lost to the plaintiff on account of the insolvency of Page& Co. and White & Co., whose failure occurred on the 20th of May thereafter. The proceeds, when discounted, were placed to the credit of Page & Co., and the amount of such paper remaining unpaid…
2Cases cited4 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Boerum v. . SchenckNew York Court of Appeals · 1869
- Turner v. . JaycoxNew York Court of Appeals · 1869
- The Farmers' Loan and Trust Co. v. . WalworthNew York Court of Appeals · 1848
3Cited by7 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- In re SouleNew York Surrogate's Court · 1888
- People v. American Sugar Refining Co.New York Supreme Court · 1914
- German-American Bank v. SchwingerAppellate Division of the Supreme Court of the State of New York · 1902
- Brewer v. FordNew York Supreme Court · 1891
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