M. Jacoby & Co. v. Payson
New York Supreme Court
Appeal from circuit court, Hew York county. Action by M. Jacoby & Go., Limited, against George D. Payson, executor, and Alice D. Adams, executrix, of Elisha J. Dennison. From a judgment entered on a verdict in favor of defendants, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals. Keversed.
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Appeal from circuit court, Hew York county. Action by M. Jacoby & Go., Limited, against George D. Payson, executor, and Alice D. Adams, executrix, of Elisha J. Dennison. From a judgment entered on a verdict in favor of defendants, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals. Keversed. This action was brought to recover damages for the alleged conversion of the following check: “No. 230. New York, Nov. 20th, 1890. “Bank of America: Pay to the order of M. Jacoby & Co. forty-six hundred and thirty-nine 27/100 dollars. The H. B. Claflin Company,…
1Opinion of the CourtVan Brunt, P. J.
The submission of this question to the jury was duly excepted to, and the question presented upon this appeal is whether, upon the conceded facts, there was anything to go to the jury upon any such issue. In the determination of this appeal, it is not necessary to pass upon the question as to whether an agent entitled to collect moneys on behalf of his principal has authority to indorse, for purposes of collection, such commercial paper as may come into his possession as such agent. It is undoubtedly the established rule that such agent has no authority to make an indorsement which imposes…
2Cases cited1 opinion
- Holtsinger v. National Corn Exchange BankThe Superior Court of New York City · 1869
3Cited by3 opinions
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Palo Alto Mutual Building & Loan Ass'n v. First National BankCalifornia Court of Appeal · 1917
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904