Gerard v. . McCormick
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made February 19, 1890, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The action was brought to recover $501.25, money received by the defendant September 19, 1882, alleged to belong to the plaintiffs.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made February 19, 1890, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The action was brought to recover $501.25, money received by the defendant September 19, 1882, alleged to belong to the plaintiffs. For many years, the plaintiffs have owned Hos. 87 and 89 Wall street,Hew York, known as “Glass Buildings.” From 1872 to February, 1887, William Boswell was the agent of the plaintiffs, having…
1Opinion of the Court
Follett, Oh. J.
The evidence was abundant to authorize the jury to find that the amount standing to the credit of t( William Boswell, Agt. Glass Buildings,” in the Corn Exchange Bank belonged to the plaintiffs, and that by means of the check the sum represented by it was, by the fraud of Boswell, withdrawn from the account and paid to and received by the defendant.
The remaining question is whether the evidence authorized the court to submit to the jury the question of good faith, or was sufficient to authorize the jury to find that the defendant had notice that the check was drawn against an…
2Cases cited5 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Wright v. . CabotNew York Court of Appeals · 1882
- Brewster v. SimeCalifornia Supreme Court · 1871
- Fellows v. . LongyorNew York Court of Appeals · 1883
- Ford v. . the Union National Bank of AlbanyNew York Court of Appeals · 1882
3Cited by49 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
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