Wachsman v. Columbia Bank
New York Court of Common Pleas
Appeal from city court, general term. Action by Sigmund Wachsman and another against the Columbia Bank of the City of 27ew York. Plaintiffs were depositors with defendant, and the action was substantially to recover the amount of three checks which the bank charged against them, but which they averred to be forgeries.
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Appeal from city court, general term. Action by Sigmund Wachsman and another against the Columbia Bank of the City of 27ew York. Plaintiffs were depositors with defendant, and the action was substantially to recover the amount of three checks which the bank charged against them, but which they averred to be forgeries. One check was for $493, dated August 18, 1892; one was for $578.96, dated August 30, 1892; and the third was for $700, dated October 24, 1892. From a judgment of the city court (26 27. Y. Supp. 885) affirming a judgment entered on a verdict in favor of plaintiffs for $1,886.51,…
1Opinion of the CourtDaly, C. J.
There was sufficient evidence to sustain the finding that the disputed checks were not drawn by plaintiffs, nor with their knowledge nor in the course of their business, and that they *712were forgeries by their bookkeeper. The only questions upon this appeal arise upon exceptions to the court’s refusal to charge that plaintiffs were estopped from objecting to the correctness of the account as balanced by the bank, and delivered to and retained by them without objection; and that they had, by their course of conduct, put it in the power of their bookkeeper to perpetrate the forgery, and are…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Welsh v. . German American BankNew York Court of Appeals · 1878
- Frank v. . Chemical Nat'l Bank of N.Y.New York Court of Appeals · 1881
- Sterrett v. . Third National Bank of BuffaloNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clark v. National Shoe & Leather BankAppellate Division of the Supreme Court of the State of New York · 1898
- Harlem Co-operative Bldg. & Loan Ass'n v. Mercantile Trust Co.New York Court of Common Pleas · 1895
- In re Parry Lines, Inc.District Court, S.D. New York · 1957