Grocers' National Bank v. Clark
New York Supreme Court
Motion by defendant to exonerate bail. "The defendant was deputy cashier of the plaintiff, and while holding that office and in the year 1857, he is charged with having fraudulently certified checks drawn upon said bank, by means whereof he fraudulently obtained $68,000 of the moneys of the said bank and converted the same to his own use, or to the use of some person other than the sasid,bank.
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Motion by defendant to exonerate bail. "The defendant was deputy cashier of the plaintiff, and while holding that office and in the year 1857, he is charged with having fraudulently certified checks drawn upon said bank, by means whereof he fraudulently obtained $68,000 of the moneys of the said bank and converted the same to his own use, or to the use of some person other than the sasid,bank. On discovering this alleged fraudulent use of the funds of the bank,, the plaintiff commenced an action in the supreme court against the defendant and caused him” to be arrested and for want of bail he…
1Opinion of the Court
By the court, Mullin, J.
I shall examine but two of the questions raised by counsel on this motion. .These are, first: Whether the plaintiff by appearing before the county judge and opposing defendant’s discharge is estopped from disputing the validity of such discharge as applied to the claim for which the defendant was imprisoned ? and, second: Whether the discharge granted by the said judge applies to and discharges the defendant from imprisonment for the claim, on account of which the arrest and imprisonment were had?
1st. As to whether the plaintiff is estopped from disputing the…
2Cases cited5 opinions
- Kellogg v. SchuylerNew York Supreme Court · 1846
- Garcie v. SheldonNew York Supreme Court · 1848
- Ex parte ThayerNew York Supreme Court · 1825
- Smith v. BennettNew York Supreme Court · 1837
- People ex rel. Glander & Person v. Justices of the Marine CourtNew York Supreme Court · 1824