Nassau Bank v. . Nat. Bank of Newburgh
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 22, 1898, affirming a judgment in favor of defendants entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 22, 1898, affirming a judgment in favor of defendants entered upon the report of a referee. On April 22d, 1897, Grant B. Taylor opened an account with the plaintiff, The Nassau Bank, and among other deposits, made by him that day and credited to his account, was one of a draft for $6,000, drawn by the Columbus Trust Company of Newburgh, N. Y., upon the Chase National Bank of the city of New York, in favor of Charles Currie. Taylor wrote Currie’s name upon the back of the draft…
1Opinion of the CourtGray, J.
I think that the case was correctly decided and that little need be added to what has been already said. The circumstances were very peculiar with respect to the draft for $6,000, which Taylor caused to be collected and placed to his credit. The payee, Currie, had no knowledge of, nor interest in it, as he testified, and it would appear that his name had been made use of in some way and for some purpose, which are not explained. Whether, however, the draft was made payable to a fictitious payee, though an existent person, and hence, as one payable to bearer, was effective • to pass title to…
2Cases cited2 opinions
- Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
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