Ehrich v. Andrews

Smith, J.:

The plaintiff is suing as trustee in bankruptcy of E. D. Dier & Co., and of Elmore D. Dier, Harry J. Lawrence, Jr., and Lawrence Starr, the members of the firm. The defendant Andrews was the cashier of the firm and practically in sole charge of the firm. Under the rules of the partnership no checks were to be cashed except upon the countersignature of one of the members of the firm. It appears that it was the custom of Hughes, who was a member of a prior *379# firm of which this firm was the successor, that these checks were countersigned in blank to a large extent; and Dier, himself,…