Havana Central Railroad v. Knickerbocker Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Knickerbocker Trust Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Hew York on the 15th day of May, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Dissent
Scott, J. (dissenting):
I dissent. The judgment appealed from seeíñs to me to extend the responsibility of persons dealing with trustees not only beyond anything that has yet been judicially decided, but also beyond practicable limits. Of course there-can be no doubt that if the defendant'had received the checks in payment of an obligation due to it from Van Voorhis, whether by reason of overdraft or otherwise, it would have been chargeable, from the form of the checks, with notice that Van Voorhis was using jilaintiff’s money to pay his individual obligations, and was thus misappropriating…
2Cases cited4 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Batchelder v. Central National BankMassachusetts Supreme Judicial Court · 1905
- Martin v. Kansas National BankSupreme Court of Kansas · 1903
- Rhinehart v. New Madrid Banking Co.Missouri Court of Appeals · 1903