Goshen National Bank v. State
New York Court of Appeals
Appeal from an award of the Board of Claims, made September 13, 1893, which awarded the claimant nothing. The nature of the claim and the facts, so far as material, are stated-dn the opinion. William HVI. Murray, as cashier of the Goshen National Bank, had no authority to draw a draft in favor of his personal creditors against its funds on deposit with its reserve agent, to pay his individual debts, without first paying the bank for 'such 'draft.
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Appeal from an award of the Board of Claims, made September 13, 1893, which awarded the claimant nothing. The nature of the claim and the facts, so far as material, are stated-dn the opinion. William HVI. Murray, as cashier of the Goshen National Bank, had no authority to draw a draft in favor of his personal creditors against its funds on deposit with its reserve agent, to pay his individual debts, without first paying the bank for 'such 'draft. His act in drawing such draft without previous payment was a fraudulent conversion of the property of the hank, and a breach of trust on his part,…
1Opinion of the CourtPeckham, J.
In the month of May, 1892, and for several months prior thereto, one William M. Murray was county-treasurer of Orange county. He had received the taxes collected from that county for state purposes in January and February, 1892, and had neglected to pay over the amount thereof at the time fixed by law, and on the 5th of May, 1892, the comptroller of the state had demanded payment from him of the balance due for such taxes, which amounted to the sum of $2,567.37. At the time of this demand Murray was, and for ten years prior thereto had been, cashier of the claimant bank. For the purpose of…
2Cases cited3 opinions
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Comstock v. . HierNew York Court of Appeals · 1878
- Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
3Cited by44 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Fender v. PrescottAppellate Division of the Supreme Court of the State of New York · 1984
- Union Bank & Trust Co. v. Girard Trust Co.Supreme Court of Pennsylvania · 1932
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