Welsh v. . German American Bank
New York Court of Appeals
■ Appeal from judgment of the General Term' of the Superior Court of the city of New York, affirming a judg-. ment in favor of plaintiff, entered upon a verdict. (Reportedhelow, 10 J. & S., 462.) This action was brought to recover a balance alleged to be-due plaintiff upon his deposit account with defendant. The facts appear sufficiently in the opinion. There was an account stated between the parties, and this precluded a recovery. (Bullock V. Boyd, 2 Edw.
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■ Appeal from judgment of the General Term' of the Superior Court of the city of New York, affirming a judg-. ment in favor of plaintiff, entered upon a verdict. (Reportedhelow, 10 J. & S., 462.) This action was brought to recover a balance alleged to be-due plaintiff upon his deposit account with defendant. The facts appear sufficiently in the opinion. There was an account stated between the parties, and this precluded a recovery. (Bullock V. Boyd, 2 Edw. Ch., 292; Weiser v. Denison, 6 Seld., 75; Story’s Eq. Jur., 526; Hutchinson v. Market Bk., 48 Barb., 321; McDougal v. Cooper, 31 N. Y.,…
1Opinion of the CourtAndrews, J.
It is conceded that the balance of $3,164.11 is due to the plaintiff, unless the twelve checks drawn by him to the order of W. N. Johnson, at intervals between April 27, 1872, and March 28, 1874, are legally chargeable to the plaintiff’s account.
The checks were received by the bank through the clearinghouse, and when presented to and paid by the defendant they purported to be indorsed by the payee, but the indorsements were forgeries. The bank, before paying the checks, was' bound to ascertain the genuineness of the payee’s indorsement. The only authority conferred by the plaintiff upon the…
2Cases cited2 opinions
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Morgan v. . the Bank of the State of New-YorkNew York Court of Appeals · 1854
3Cited by53 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
- Henry v. . AllenNew York Court of Appeals · 1896
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