Whitehouse v. . Bank of Cooperstown
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of Buffalo, affirming a judgment of the court, on the trial at Special Term, in favor of plaintiff.
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Appeal from a judgment of the General Term of the Superior Court of Buffalo, affirming a judgment of the court, on the trial at Special Term, in favor of plaintiff. It appeared that in January, 1849, five several mortgages were, for a valuable consideration, duly executed, acknowledged and delivered by Aaron D. Patchen and wife to Aaron D. Patchen as president of the Patchen Bank of Buffalo, upon certain lands in Erie county, to secure the payment of several sums of money amounting in the aggregate to something over $7,300, each of which was duly recorded in the office of the clerk of the…
1Opinion of the Court
Gray, C.
This case presents but a single question for our .consideration, and that is, whether the mere entry by the book-keeper of the Patehen Bank of a charge upon the journal of that bank, of which Patehen was president, and in which he was a principal stockholder of these five mortgages to Patehen against a credit to him of a larger amount appearing on its books, though the entry appeared as if it was made in the ordinary business of the bank on the day of its date, was unsupported by any evidence that Patehen desired thus to pay the mortgages, or that the bank desired to have them thus…
2Cases cited1 opinion
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
3Cited by2 opinions
- Friede v. National City BankNew York Court of Appeals · 1929
- Devlin v. Mayor of New YorkNew York Supreme Court · 1891