Union Bank v. Mott
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee in favor of the defendant. The action was originally against Jacob H. Mott as a co-defendant, hut he died prior to the report bf the referee, and the suit has since been continued against Garret S. Mott alone. The plaintiff claims to recover $97,254.90 of alleged overdrafts, drawn upon and paid by it to the defendant, through his agent, J. H. Mott.
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THIS is an appeal from a judgment entered upon the report of a referee in favor of the defendant. The action was originally against Jacob H. Mott as a co-defendant, hut he died prior to the report bf the referee, and the suit has since been continued against Garret S. Mott alone. The plaintiff claims to recover $97,254.90 of alleged overdrafts, drawn upon and paid by it to the defendant, through his agent, J. H. Mott. On the 11th September, 1845, the defendant executed-under his seal, and delivered to J. H. Mott, a power of attorney whereby he authorized him to collect and receive all moneys…
1Opinion of the Court
By the Court,
Peckham, J.
The agent here was empowered to collect the money due the principal, and to draw or indorse his checks. Did this authorize him to overdraw ?
A check is defined to be “ a written order or request to a bank by a party having money there, to pay, on presentment, to another, or to him or bearer, or to him or order, a certain sum of money specified in the instrument.” (Story on Promissory Notes, § 487.) “ They are always supposed to be drawn upon a previous deposit of funds, and are an absolute appropriation of so much money in the hands of the bank or bankers, to the holder…
2Cited by6 opinions
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Carey & Co. v. Burruss & PitzerWest Virginia Supreme Court · 1882
- Breed v. First National BankSupreme Court of Colorado · 1878
- Jennings v. OsborneCity of New York Municipal Court · 1885
- Schmitt v. Dry Dock, East Broadway & Battery RailroadCity of New York Municipal Court · 1886
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