Farmers & Mechanics' Bank of Kent County, Maryland v. Butchers & Drovers' Bank
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city of New York. The action-was to recover the amount of five checks drawn upon the defendant by one Green, and certified by the defendant’s paying teller on their face to be good. The checks were not drawn against funds, and the teller, in fact, had no authority to certify such checks. The jury found that the plaintiffs were bona fide holders for value of the checks, and they had judgment for their amount.
Read the full summary
Appeal from a judgment of the Superior Court of the city of New York. The action-was to recover the amount of five checks drawn upon the defendant by one Green, and certified by the defendant’s paying teller on their face to be good. The checks were not drawn against funds, and the teller, in fact, had no authority to certify such checks. The jury found that the plaintiffs were bona fide holders for value of the checks, and they had judgment for their amount. The defendants appealed to this court.
1Opinion of the CourtBrown, J.
The judge charged the jury, upon the trial of this action, that there was no doubt of the authority of Peck, the teller of the defendant, to certify checks in the manner in.which the checks in question were certified, so as to bind the defendant to pay them to holders taking them bona fide and for value, in the usual course of business. The defendant thereupon excepted. The proposition involves the main question in the action, and I will return to it presently. He also charged, that if the jury found that the plaintiff had previously held similar checks certified by Peck, the teller, in the…
2Cases cited2 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Willets v. Phœnix BankThe Superior Court of New York City · 1853
3Cited by9 opinions
- United States v. McKayDistrict Court, E.D. Michigan · 1942
- Cuesta, Rey Co. v. Newsom, as LiquidatorSupreme Court of Florida · 1931
- State v. MillerOregon Supreme Court · 1906
- Sacalaris v. Eureka & Palisade RailroadNevada Supreme Court · 1883
- Nolan v. Bank of New York National Banking Ass'nNew York Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.