American Trust & Banking Co. v. Harris

Harris, as guardian, sued the American Trust & Banking Company for a certain amount which he alleged was left' on deposit with the bank. The evidence offered by the plaintiff showed that Harris authorized the bank, through its cashier, Sterne, to lend on good security the money so deposited; that instead of the hank lending the money on good security, the amount was used by Sterne, the cashier, and his note for the amount was tendered to the guardian, and the guardian declined to accept the note. According to the plaintiff’s evidence, he was dealing with the hank, and not with Sterne in his…