Holtsinger v. National Corn Exchange Bank
The Superior Court of New York City
This action was brought to recover the amount of two drafts, one for five hundred and twenty-five dollar’s and ten cents and the other for nine hundred and thirty dollars and fifty-nine cents. They were in the same form.
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This action was brought to recover the amount of two drafts, one for five hundred and twenty-five dollar’s and ten cents and the other for nine hundred and thirty dollars and fifty-nine cents. They were in the same form. The following is the copy of one: “ No. 549. Washington, D. C., Sept. 21, 1866. “Assistant Treasurer of the U. S., New York : “ Pay to George W. Holtsinger, or order, five hundred and twenty-five dollars and ten cents ($525.10). “Paid, Oct. 2, 1866. “J. W. NICHOLLS, “Add. P. M. U. S.A.” The defendant received these drafts from one Charles EL Green, a depositor in the bank,…
1Opinion of the Court
By the Court:
Monell, J.
Without examining the ground upon which the referee has placed his decision, namely, that the power of attorney to Green & White was' void, under the first section of the act of Congress of February 26, 1853, and therefore the defendant acquired no title to the drafts, I am so well satisfied there is another ground so fatal to the defense, that, without inquiring into the correctness of the reason given by the referee, we must affirm his decision, upon the well-established rule that the' Court will not reverse a correct judgment, merely because an insufficient or…
2Cases cited1 opinion
- Rossiter v. RossiterNew York Supreme Court · 1832
3Cited by4 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- M. Jacoby & Co. v. PaysonNew York Supreme Court · 1895
- M. Jacoby & Co. v. PaysonNew York Supreme Court · 1895
- Lesem v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914