City National Bank v. National Park Bank
New York Supreme Court
Appeal by the defendant from a judgment, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The action is brought to recover the balance due upon a deposit made by the plaintiff with the defendant.
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Appeal by the defendant from a judgment, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The action is brought to recover the balance due upon a deposit made by the plaintiff with the defendant. The answer admits all the allegations of the complaint, and sets up by way of counterclaim that in September, 1880, A. F. ITardie was president of the plaintiff’s bank; that in that month the plaintiff’s officers first discovered that ITardie was indebted to it in about $30,000, which he was…
1Opinion of the Court
Davis, P. J.:
One important question presented by this appeal is to what extent the plaintiff is chargeable with notice or knowledge of the fraudulent manner in which Hardie, while its president,‘obtained the money of the defendant, which he afterwards paid to the plaintiff in discharge of his individual liabilities. The court submitted to the jury the question of actual notice or knowledge,, instructing them that the defendant was entitled to recover, as a counter-claim, the amount so paid, if they found that at the time of such payment the plaintiff knew that Hardie had obtained the money by…
2Cases cited5 opinions
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Wood v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878