Prudential Insurance of America v. National Bank of Commerce
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of June, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of June, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davis, J.:
The action was brought to recover the amount of two checks drawn by the plaintiff upon its account with the defendant — one dated March 18, 1912, in favor of Rena C. Phipps, for the sum of $1,983.26, and the other dated March 25, 1912, in favor of Ella M. Wade, for the sum of $1,633.10. Both checks were sent by the plaintiff to Arthur G. Eaton, its manager and agent in Portland, Me., for transmission to the payees in payment of claims against the plaintiff. Eaton forged the names of the payees and deposited the checks in his account in the Fidelity Trust Company of Portland, Me.,…
2Cases cited3 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Metallurgical Securities Co. v. Mechanics & Metals National BankAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- United States Mortgage & Trust Co. v. Liberty National BankNew York Supreme Court · 1920
- Manufacturers' Bank of Cohoes v. Prudential InsuranceNew York Supreme Court · 1918