Legal Opinion · Dissent

Fowler v. Bowery Savings Bank

New York Court of Appeals

Decided April 23, 1889Published

Appeal from a judgment of the general term of the supreme court, affirming a judgment entered upon the decision of the court.

1Dissent

Ruger, Ch. J.

(dissenting).—I am unable to concur in the opinion delivered in this case. I am of the opinion that the prosecution of Flynn by the plaintiff’s intestate was not a ratification of the payment by the bank to him. Flynn, in obtaining such payment, neither represented or assumed to represent Mrs. White, and the bank did not pay the money to Flynn as the agent or representative of Mrs. White, but dealt with him as a claimant of the money in his own right. Under such circumstances there could be no ratification. Ratification is a branch of the law of agency, and cannot be held to have…

2Cases cited51 opinions

  1. Morris v. . RexfordNew York Court of Appeals · 1859
  2. Conrow v. . LittleNew York Court of Appeals · 1889
  3. Cobb v. . HatfieldNew York Court of Appeals · 1871
  4. Chipman v. . MontgomeryNew York Court of Appeals · 1875
  5. Krumm v. . BeachNew York Court of Appeals · 1884

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