Lunt v. Bank of North America
New York Supreme Court
APPEAL from a judgment entered at a special term, on a trial before a justice of this court without a jury. Jacob G-. Conrad, a broker, at Chicago, Illinois, made a general assignment to the plaintiffs, in trust for the benefit of creditors, September 30th, 1864. Conrad had, at the time, on deposit with the Importers and Traders’ Bank, in New York, $37,432.75, and $1500 with the defendants, Myers & Co. The balance in the Importers and Traders’ Bank, at the trial, amounted to…
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APPEAL from a judgment entered at a special term, on a trial before a justice of this court without a jury. Jacob G-. Conrad, a broker, at Chicago, Illinois, made a general assignment to the plaintiffs, in trust for the benefit of creditors, September 30th, 1864. Conrad had, at the time, on deposit with the Importers and Traders’ Bank, in New York, $37,432.75, and $1500 with the defendants, Myers & Co. The balance in the Importers and Traders’ Bank, at the trial, amounted to $39,943.61. Notice of the assignment was immediately given by the plaintiffs, by telegram and letter. Thereafter, in…
1Opinion of the Court
By the Court, Leonard, P. J.
The Bank of North America are the holders of two checks drawn by Jacob Gr. Oonrad of Chicago, banker, in favor of E. J. Tinkham, *228cashier of the Second National Bank of Chicago, upon the Importers and Traders’ Bank of New York, together for the amount of $45,000, and by the said cashier indorsed to tiie Bank of North America. The checks were drawn and dated respectively the 26th and 27th days of September, 1864. They were presented for payment during the forenoon of September 30, but it was refused, for the want of funds. There were also several other checks drawn…
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