Legal Opinion

National Park Bank v. . Ninth National Bank

New York Court of Appeals

Decided September 5, 1871PublishedCited by 39 opinions

The first case is an appeal from judgment of the late General Term, of the first judicial district, reversing order of Special Term sustaining demurrer to complaint, and also judgment entered upon said order. The last is an appeal from judgment of General Term; New York Common Pleas, affirming judgment of Special Term of that court overruling demurrer to complaint.

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The first case is an appeal from judgment of the late General Term, of the first judicial district, reversing order of Special Term sustaining demurrer to complaint, and also judgment entered upon said order. The last is an appeal from judgment of General Term; New York Common Pleas, affirming judgment of Special Term of that court overruling demurrer to complaint. The complaint in the first case states in substance, that on the 25th March, 1867, the Eidgely National Bank, of Springfield, Illinois, drew its draft, or bill of exchange on plaintiff, for the sum of fourteen dollars and twenty…

1Opinion of the CourtAllen, J.

The checks paid by the plaintiffs, the drawees, were forgeries throughout, as well the signatures, as the bodies.

The name of the signer, the cashier of the Ridgley Bank, was not the genuine signature of that officer, and was not written by his authority. The fact that a genuine check had been drawn, and signed by the proper party, upon the same piece of paper, does not affect the character of the instrument in its altered, and forged condition. The forger, by skillfully obliterating the genuine signature, together with the words and figures indicating the amount payable thereon, effectually…

2Cases cited1 opinion

  1. Young v. AdamsMassachusetts Supreme Judicial Court · 1810

3Cited by39 opinions

  1. Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
  2. Figuers v. FlyTennessee Supreme Court · 1916
  3. Title Guarantee Trust Co. v. . HavenNew York Court of Appeals · 1909
  4. Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
  5. United States v. Chase National BankSupreme Court of the United States · 1920

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