Town of Eastchester v. Mount Vernon Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mount Vernon Trust Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 19th day of November, 1915, overruling its demurrer to the complaint. *
1Opinion of the Court
Thomas, J.:
Between May 16, 1905, and March 2, 1909, the defendant paid to the drawer $69,653.19 upon some fifty:seven checks signed “"Henry C. Merritt, Supervisor,” and payable to his *483order. The payee appropriated the money to his own use. Merritt, as the supervisor of the town of Eastchester, the plaintiff, had received the money and deposited it with defendant in an account opened in the name of Henry 0. Merritt, supervisor, under an arrangement with the depositary, whereby the moneys might be deposited and withdrawn for town purposes by checks or drafts which should contain as the…
2Cases cited23 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
- Employers' Liability Assurance Corp. v. Hudson River Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Manufacturers Trust Co. v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925
3 more not listed; retrieve them via the Exa API.