Legal Opinion

Scrantom v. Farmers & Mechanics' Bank

New York Supreme Court

Decided September 3, 1860PublishedCited by 10 opinions

APPEAL from a judgment entered upon the report of a referee. The plaintiff in his complaint described himself as “Henry Scrantom as executor of the last will and testament of Thomas M. Watson, deceased.”

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APPEAL from a judgment entered upon the report of a referee. The plaintiff in his complaint described himself as “Henry Scrantom as executor of the last will and testament of Thomas M. Watson, deceased.” The complaint alleged the due incorporation of the defendant as a coporation, under the general banking law, and alleged that on the 22d of May, 1858, at Rochester, the defendants “were justly indebted to the plaintiff as such executor as aforesaid in the sum. of $72.37, being the balance due to the plaintiff as such executor aforesaid for moneys by the defendants before that time had and…

1Opinion of the Court

By the Court,

E. Darwin Smith, J.

Ho substantial error was, I think, committed by the referee on the trial and decision of this cause. The deposit of the $357.73 to the credit of the plaintiff as executor, in the defendants’ bank, was at least an equitable if not a legal appropriation of that sum to the credit of the trust estate. It belonged, after that time, to the estate of Watson, and if Scrantom had drawn it out and diverted it to his own use it would have been a misappropriation of the money, for which he would be bound to account upon the basis of a wrongful conversion of the property,…

2Cases cited3 opinions

  1. Packer v. WillsonNew York Supreme Court · 1836
  2. Bodle v. HulseNew York Supreme Court · 1830
  3. Worden v. WorthingtonNew York Supreme Court · 1848

3Cited by10 opinions

  1. In re EhretNew York Supreme Court · 1911
  2. Conklin v. BartonNew York Supreme Court · 1864
  3. Jaeger v. HartmanSupreme Court of Minnesota · 1868
  4. Davis v. ChouteauSupreme Court of Minnesota · 1884
  5. Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899

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