Blair v. Hill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, D. Munro Hill, as assignee for the benefit of creditors of the firm of Rodger & Co., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 21st day of July, 1899, upon the decision of the court rendered after a trial at the Onondaga Special Term.
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Appeal by the defendant, D. Munro Hill, as assignee for the benefit of creditors of the firm of Rodger & Co., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 21st day of July, 1899, upon the decision of the court rendered after a trial at the Onondaga Special Term. On the 16th day of December, 1897, the parties in interest in a partition action met at the office of a justice of the peace in the village of Jordan in the county of Onondaga expecting that the avails of the sale of real estate involved in said…
1Opinion of the Court
Spring, J. :
The plaintiff did not realize that Mr. Rodger deposited the check to her credit in the bank. She assumed he took it for collection and was to pay her the avails in cash. The collection through the RTew York bank, the commingling of the fund with his own, and the subsequent giving of the draft to her were all links in the chain with the purpose to stem the tide of financial embarrassment setting toward Rodger. The plaintiff, unacquainted with the business and with Rodger’s circumstances, was an unwitting participant in the project. The transaction did not occur in the banking…
2Cases cited10 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- W. L. Chase & Co. v. Norfolk National Bank of Commerce & TrustsCourt of Appeals of Virginia · 1928
- In re Bank of CubaAppellate Division of the Supreme Court of the State of New York · 1921
- Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Feuchtwanger v. Central Hanover Bank & Trust Co.New York Court of Appeals · 1942
- In re the Estate of MorrellNew York Surrogate's Court · 1935
8 more not listed; retrieve them via the Exa API.