Willets v. Phœnix Bank
The Superior Court of New York City
The action was brought to recover the amount of four checks certified by the defendants to be good. The complaint stated that the plaintiffs were the holders and owners of four checks drawn by A. B. Tripler on the defendants.
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The action was brought to recover the amount of four checks certified by the defendants to be good. The complaint stated that the plaintiffs were the holders and owners of four checks drawn by A. B. Tripler on the defendants. That one of the checks, dated 9th of April, 1850, was for the sum of $800—another, dated 11th April, 1850, for the sum of $1201.80—another, dated 16th April, 1850, for the sum of $1662—and the last, dated 20th April, 1850, for the sum of $735. That these checks were respectively certified by the defendants to be good and payable by them, and that Tripler had then…
1Opinion of the Court
By the Court. Oakley, Ch. J.
Whether the teller had any authority from the bank to certify the checks in suit, is not a question that we are called upon to consider under the pleadings, since the complaint avers, and the answer in terms admits, that the certifying of the checks was the act of the defendants.
The case, therefore, of Massey v. The Eagle Bank (9 Metc. 309) is not applicable, nor is it necessary now to say whether we should have followed that decision, had the question, as to the authority of the teller, been properly raised.
The objection that the checks were not negotiable, and,…
2Cited by17 opinions
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Bickford v. First National BankIllinois Supreme Court · 1866
- Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
- Girard Bank v. Bank of Penn TownshipSupreme Court of Pennsylvania · 1861
- Tripp v. CurteniusMichigan Supreme Court · 1877
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