Crawford v. West Side Bank
The Superior Court of New York City
Appeal by plaintiff from judgment entered upon decision of a judge, trial by jury being waived. The plaintiff was a depositor with defendant. One Morgan was plaintiff’s bookkeeper, and had the key of the safe.
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Appeal by plaintiff from judgment entered upon decision of a judge, trial by jury being waived. The plaintiff was a depositor with defendant. One Morgan was plaintiff’s bookkeeper, and had the key of the safe. On April 20, 1882, the plaintiff, intending to leave town, drew his check for $700, dated April 22, 1882, payable to Morgan, and instructed Morgan, that if he, plaintiff, were not back by noon of Saturday, April 22, he, Morgan, should then take the check, go to the bank, draw the 'money, and give it to plaintiff’s foreman, for the purpose of ¡laying workmen. The check was left in…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
—My opinion is that the judgment appealed from should be reversed.
The plaintiff having deposited money with the defendant, the latter was authorized to pay out on account of plaintiff the amount deposited as ordered by plaintiff’s checks. This relation of the parties involved obligations of the kind that rest upon contract, and it was the contract of the defendant that it would not charge the plaintiff with the amount of a payment made upon a check that was not drawn by plaintiff. Therefore, the inquiry in this case' is, was the amount in controversy, that the…
2Cases cited4 opinions
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Cowing v. . AltmanNew York Court of Appeals · 1877
- Godin v. Bank of CommonwealthThe Superior Court of New York City · 1856
- Susquehanna Valley Bank v. . LoomisNew York Court of Appeals · 1881