Hanover National Bank v. American Dock & Trust Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by the Hanover National Bank of the city of New York against the American Dock & Trust Company on a warehouse receipt purporting to have been issued by defendant. From a judgment entered on a verdict directed by the court in favor of defendant, plaintiff appeals.
1Dissent
FOLLETT, J.,
(dissenting.) It is not asserted in behalf of the ■plaintiff that the defendant authorized its president to issue the *1060warehouse receipt, by which it agreed to deliver, on demand, 172 bales of cotton which it had not received. The receipt was a fraud, and, as between Stone, to whom it was issued, and the defendant, it was void. The burden was on the plaintiff to show that it did not stand in the shoes of Stone, and before a recovery can be had the plaintiff must show (1) that it is a holder in good faith; and (2) that the defendant is estopped from denying its liability by some act…
2Cases cited8 opinions
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
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