Barnes v. Ontario Bank
New York Court of Appeals
Appeal from the Supreme Court. The complaint averred that on the 15th of July, 1857, the Ontario Bank, an association organized under the general banking law, made and delivered to the defendant Frederic Hollister, a certificate, signed by James S. Lynch, its cashier, that the defendant Frederic Hollister had deposited in said bank $5,000, to the credit of himself, payable on the return of said certificate, properly indorsed; that Hollister indorsed the certificate in blank,…
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Appeal from the Supreme Court. The complaint averred that on the 15th of July, 1857, the Ontario Bank, an association organized under the general banking law, made and delivered to the defendant Frederic Hollister, a certificate, signed by James S. Lynch, its cashier, that the defendant Frederic Hollister had deposited in said bank $5,000, to the credit of himself, payable on the return of said certificate, properly indorsed; that Hollister indorsed the certificate in blank, and the same was thereupon, for value received of the plaintiff, transferred and delivered to him; payment demanded and…
1Opinion of the CourtComstock, J.
The bank, it appears, was in want of money, and Mr. Lynch, its cashier and chief financial officer, proposed to borrow, upon the certificate of deposit now in question, and several others of a like character. The certificates were executed by him, as cashier, in the usual form, and an agent was employed by him to go to New York and negotiate them for cash in behalf of the bank. Without stating details, the plan was carried into effect. The plaintiff, in New York, advanced on the particular certificate in question the sum of $4,850, upon *156an understanding that he was not to present it to the…
2Cases cited11 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
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