Burrill v. Watertown Bank & Loan Co.
New York Supreme Court
APPEAL from the order of Justice Mullin, denying a motion for a new trial. The plaintiff had a verdict, and a motion was made upon the judge’s minutes for a new trial. The motion having been denied, leave was obtained by the defendants to make a case and exceptions; and the entry of the judgment was stayed until the hearing and decision of the appeal from the order denying the new trial.
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APPEAL from the order of Justice Mullin, denying a motion for a new trial. The plaintiff had a verdict, and a motion was made upon the judge’s minutes for a new trial. The motion having been denied, leave was obtained by the defendants to make a case and exceptions; and the entry of the judgment was stayed until the hearing and decision of the appeal from the order denying the new trial. The action was brought to recover the amount of a counterfeit bank bill for $100, purporting to be issued by the Waterbury Bank of Connecticut, paid out by the defendants to the plaintiff’s agent, William G.…
1Opinion of the Court
By the Court, Morgan, J.
It is a general principle of the common law, that upon the transfer of notes in the usual course of dealings, there is an implied warranty that they are genuine. So if a forged note is given in payment of an antecedent debt, the law will disregard it and allow the creditor to recover the original demand. In case, however, of the acceptance of a bill of exchange, which is forged, the acceptance is’ regarded as an adoption of the signature of the drawer; and when forged bank notes are received as payment by the bank issuing them, the same rule prevails, as the bank is…
2Cases cited4 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Markle v. HatfieldNew York Supreme Court · 1807
- President of the Gloucester Bank v. President of the Salem BankMassachusetts Supreme Judicial Court · 1820
- Kenny v. First National Bank of AlbanyNew York Supreme Court · 1867
3Cited by2 opinions
- F. A. Patrick & Co. v. NurnbergNorth Dakota Supreme Court · 1911
- Boyd v. Mexico Southern BankSupreme Court of Missouri · 1878