National Bank of Commerce v. National Mechanics Bank
The Superior Court of New York City
Appeal by defendants from a judgment entered upon a verdict of a jury under the direction of the judge before whom the case was tried, and from an order denying a new trial. The action was brought to recover the sum of $14,-949.25, claimed to have been paid by plaintiffs to defendants under a mistake of facts. The case shows that Vermilye & Co. were dealers with plaintiffs, depositing money with them, and drawing checks against the same.
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Appeal by defendants from a judgment entered upon a verdict of a jury under the direction of the judge before whom the case was tried, and from an order denying a new trial. The action was brought to recover the sum of $14,-949.25, claimed to have been paid by plaintiffs to defendants under a mistake of facts. The case shows that Vermilye & Co. were dealers with plaintiffs, depositing money with them, and drawing checks against the same. On the 15th day of February, 1870, they drew a check Ho. 101 on the plaintiffs for $56.75. The check was made payable to the order of A. J. Greenleaf, to…
1Opinion of the Court
By the Court.—Van Vorst, J.
When the check, in the altered condition in which it had been taken by the defendants as genuine, came back to the cashier of the plaintiffs’ bank on the 17th day of February, it was there also received as genuine, and its payment through the exchanges at the clearing-house was adopted and ratified, and as a valid check it was charged to the account of Vermilye & Co., the drawers of the same.
The alteration being in the body of the instrument, and not in the signature of their customer, which they were presumed to know, they are not, by the act of recognition and…
2Cases cited3 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Bentley v. Marro (In Re Bentley)United States Bankruptcy Court, S.D. New York · 1981