Legal Opinion

Trust Co. of America v. Conklin

Appellate Terms of the Supreme Court of New York

Decided November 15, 1909PublishedCited by 5 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, first district, borough of Manhattan, rendered in favor of the plaintiff.

1Opinion of the CourtLehman, J.

The plaintiff seeks to recover from the defendant for an overdraft of his account. It appears that the overdraft arose from the fact that the defendant left the city and, upon his departure, gave his bookkeeper a number of checks signed by him in blank, in order to provide funds for use in his business. His bookkeeper locked the checks in a drawer of the safe. One of the defendant’s employees knew where the key was hidden, abstracted a blank check and filled in the blank so that it apparently became a complete instrument payable to bearer for the sum of $200:'

In the case of Crawford v. West…

2Cases cited3 opinions

  1. Crawford v. . West Side BankNew York Court of Appeals · 1885
  2. National Exchange Bank v. LesterNew York Court of Appeals · 1909
  3. Timbel v. Garfield National BankAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by5 opinions

  1. Atlanta National Bank v. BatemanCourt of Appeals of Georgia · 1918
  2. Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
  3. Concordia Lutheran Evangelical Church v. United States Casualty Co.District of Columbia Court of Appeals · 1955
  4. American Express Co. v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1928
  5. Grossman Bros. & Rosenbaum v. Atlas Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910

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