Critten v. Chemical National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The drawer is bound for the whole amount if his own negligence has facilitated or invited the fraud done by raising the check.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The drawer is bound for the whole amount if his own negligence has facilitated or invited the fraud done by raising the check. (Bank of Commerce v. Union Bank, 3 N. Y. 230 ; 2 Daniel on Neg. Inst. [2d ed.] 608, § 1659; Goddard v. M. Bank, 4 N. Y. 147; L. T. & T. Co. v. N. Nat. Bank, 2 Bank Cas. [Penn.]…
1Opinion of the CourtCullen, J.
The plaintiffs kept a large and active account with the defendant, and this action is to recover an alleged balance of a deposit due to them from the bank. The plaintiffs had in their employ a clerk named Davis. It was the duty of Davis to fill up the checks -which it might be necessary for the plaintiffs to give in the course of business, to make corresponding entries in the stubs of the check book and present the checks so prepared to Mr. Critten, one of the plaintiffs, for signature, together with the bills in payment of wtich they were drawn. After signing a check Critten would place it…
2Cases cited13 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
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- Marden v. . DorthyNew York Court of Appeals · 1899
- Weisser v. . DenisonNew York Court of Appeals · 1854
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- National Surety Corp. v. LybrandAppellate Division of the Supreme Court of the State of New York · 1939
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