National City Bank of Brooklyn v. Westcott
New York Court of Appeals
Appeal from a judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the sum of $654, being the amount of an alleged overpayment upon a check drawn on the plaintiff by one of its depositors, which was fraudulently raised.
Read the full summary
Appeal from a judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the sum of $654, being the amount of an alleged overpayment upon a check drawn on the plaintiff by one of its depositors, which was fraudulently raised. On November 19,1884, the New York and Boston Despatch Express Company handed to the Wescott Express Company, of which company defendant is president, for collection, a check purporting to have…
1Opinion of the CourtBradley, J.
The ease, as represented by the evidence, was at the trial treated by the counsel for the parties as presenting a question of law only. The request for direction of a verdict for the defendant was refused, and the court directed a verdict for the plaintiff, and exceptions were taken. So that if, in any view which may be taken of it, the evidence is sufficient to support the verdict, the recovery must be sustained. (Dillon v. Cockcroft, 90 N. Y. 649.)
In the presentation of the check to the plaintiff for payment, and in paying it, the parties acted in good faith and upon the assumption that it…
2Cases cited14 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Clark v. . DillonNew York Court of Appeals · 1884
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- White v. National BankSupreme Court of the United States · 1881
- National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Commercial Bank v. WatersAppellate Division of the Supreme Court of the State of New York · 1899
7 more not listed; retrieve them via the Exa API.