Legal Opinion

Chatham National Bank v. Hochstadter

New York Court of Common Pleas

Decided January 12, 1883PublishedCited by 1 opinion

Appeal from a judgment of the General Term of the Marine Court of the City of New York, affirming a judgment of that court entered upon a dismissal of a complaint at a trial by the court without a jury. The facts, as averred in the complaint and proved on the trial, were as follows: Defendant Hochstadter, as attorney-at-law, received from James R. Hills his check upon the Chemical National Bank for $120, dated May 1, 1878, payable to the order of George W. Bruce.

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Appeal from a judgment of the General Term of the Marine Court of the City of New York, affirming a judgment of that court entered upon a dismissal of a complaint at a trial by the court without a jury. The facts, as averred in the complaint and proved on the trial, were as follows: Defendant Hochstadter, as attorney-at-law, received from James R. Hills his check upon the Chemical National Bank for $120, dated May 1, 1878, payable to the order of George W. Bruce. This check was given by Hills in payment of a claim held by Bruce against one Fairchild, an insolvent. The defendant Hochstadter…

1Opinion of the CourtJ. F. Daby, J.

[After stating the facts as —An attorney-at-law, employed to collect a claim, who receives in payment thereof a check payable to the order of his client, has no authority to indorse it in his client’s name and cash it. The power to indorse checks and bills must be expressly conferred (Filly v. Gilman, 34 Super. Ct. 339).

A power of attorney to collect moneys due and to compound, discharge and give releases therefor, does not authorize the attorney to indorse a bill drawn to the order of his principal (Hogg v. Snaith, 1 Taunt. 347 ; Murray v. East India Co., 5 Barn. & Aid. 204).

Nor does the…

2Cases cited1 opinion

  1. Graham v. United States Savings InstitutionSupreme Court of Missouri · 1870

3Cited by1 opinion

  1. M. Jacoby & Co. v. PaysonNew York Supreme Court · 1895

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