Sims v. . U.S. Trust Co. of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 30, 1885, which affirmed a judgment, in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of a deposit made by plaintiff’s testator with defendant. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 30, 1885, which affirmed a judgment, in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of a deposit made by plaintiff’s testator with defendant. The material facts are stated in the opinion. The power of attorney was a complete protection to the defendant in paying the money to Crowell, and his receipt was a good acquittance and discharge therefor, whether he was authorized to deposit the money in his own name or not.…
1Opinion of the Court
Ruger, Ch. J.
On the 15th of November, 1882, the plaintiff’s testator, J. Marion Sims, delivered to one Crowell, his check on the People’s Bank of the City of New York, payable to the order of the defendant for $5,000, with verbal directions to deposit the same to his credit with the defendant. Instead of doing as directed, Crowell delivered the check to the defendant, but requested and received from it a certificate of deposit payable to himself as trustee for Dr. Sims, and shortly thereafter drew the money thereon and converted it to his own use. The defendant collected the money from the…
2Cases cited1 opinion
- Mangam v. . the City of BrooklynNew York Court of Appeals · 1885
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