First State Bank v. Connoley
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Amherst county in an action of assumpsit. Judgment for defendant. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Amherst county in an action of assumpsit. Judgment for defendant. Plaintiff assigns error. This' is an action of trespass on the case in assumpsit brought by the plaintiff in error bank, as plaintiff in the court below, against the defendant in error Connoley, as defendant in the court below, to recover the sum of $1,000.-00, the amount of a draft belonging to the bank entrusted to and received by Connoley under certain instructions which did not authorize him to cash the draft, but which Connoley, in excess or in disregard of his instructions and…
1Opinion of the Court
Sims, J.,
after making the foregojng statement delivered the following opinion of the court.
*483[1] In the view we take of the case, the sole question presented by the assignments of error which we need to decide is the following:
1. Is the defendant, Connoley, liable to the plaintiff bank for the money which was lost by him while he was acting in disregard of his instructions from the bank in accordance with which he accepted the undertaking confided to him.
This question must be answered in the affirmative.
[2] The defendant, Connoley, was undoubtedly in the inception of the transaction which was…
2Cases cited4 opinions
- Jenkins v. BaconMassachusetts Supreme Judicial Court · 1873
- Hurst's CaseSupreme Court of the United States · 1804
- Carrington v. Ficklin's ex'orSupreme Court of Virginia · 1880
- WALKER v. SmithSupreme Court of the United States · 1804
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