Thomson v. Bank of British North America
The Superior Court of New York City
Appeal from judgment, upon decision of a judge, at special term, without a jury. On and before March 9, 1870, the defendant was a banker at the city of New York, having funds of plaintiffs on deposit.
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Appeal from judgment, upon decision of a judge, at special term, without a jury. On and before March 9, 1870, the defendant was a banker at the city of New York, having funds of plaintiffs on deposit. The plaintiffs wishing to invest in bond and mortgage, their attorney-at-law told them that he had arranged with Mrs. Halpine that she should give her bond and a mortgage on land for a loan by plaintiffs of $17,500. On March 9, 1870, one of the plaintiffs went with the attorney to the defendant’s bank. The plaintiffs drew on the defendant the following: “New York, 9 March, 1870. “ On demand, pay…
1Opinion of the Court
By the Court.—Sedgwick, J.
The testimony sustains the finding of the learned judge, that the attorney was not the agent either of the plaintiffs or of Mrs. Halpine, in obtaining the money upon the check by means of the forged indorsement, neither had she authorized the indorsement.
The testimony as to the bond and mortgage was important for the purpose only of determining whether there had ever been an actual or constructive delivery of the check to Mrs. Halpine, or whether the indorsement was hers as made by her agent. It is not necessary to give this matter further attention.
When the…
2Cases cited5 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Morgan v. . the Bank of the State of New-YorkNew York Court of Appeals · 1854
- Morgan v. Bank of State of New YorkThe Superior Court of New York City · 1853
- White v. SweenyNew York Court of Common Pleas · 1871