Bank of Commerce v. . Union Bank
New York Court of Appeals
The Bank of Commerce brought assumpsit in the superior court of the city of New Work, against the Union Bank, to recover money paid by mistake. On the trial before Sanford, J. the case was this: On the 18th of December, 1847, the New Orleans Canal and Banking Company dréw a draft on the Bank of Commerce in New-York, payable to the order of “3. Durand,” for one hundred and five dollars.
Read the full summary
The Bank of Commerce brought assumpsit in the superior court of the city of New Work, against the Union Bank, to recover money paid by mistake. On the trial before Sanford, J. the case was this: On the 18th of December, 1847, the New Orleans Canal and Banking Company dréw a draft on the Bank of Commerce in New-York, payable to the order of “3. Durand,” for one hundred and five dollars. After the draft was issued it was fraudulently altered in several respects, and among others, by the substitution of the word “ thousandi for “ hundred,” and the name “ Bonnet” instead of “ Durand,” so that it…
1Opinion of the CourtRuggles, J.
The payment of a bill of exchange by the drawee -is: Ordinarily an admission of the drawer’s signature, which he is not afterwards, in a controversy between himself and the holder, at liberty to dispute; and therefore if the drawer’s signature is on a subsequent day discovered to be a forgery, the drawee can not compel the holder to whoiri he paid the bill, to restore the money, unless the holder be in some way implicated- in the fraud. (Price, v. Neal, 3 Bur. 1354.) This rule is founded on the supposed negligence of the drawee in failing by an examination of the signature, when the bill is…
2Cited by37 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- Crocker-Woolworth National Bank v. Nevada BankCalifornia Supreme Court · 1903
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- Bergstrom v. Ritz-Carlton Restaurant & Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1916
32 more not listed; retrieve them via the Exa API.