Bank of N.Y. v. . Bank of Ohio

The facts in this case show that this note, payable to the order of the cashier of the defendant, and endorsed by him as cashier, was sent to the Ohio Life and Trust Company for collection, and was by them fraudulently discounted with the plaintiffs. The question is whether the defendants are liable as endorsers.

It is conceded that under the case of The Bank of Genesee v.The Patchin Bank (19 N.Y. Rep. p. 309), the bank would not be liable on such an endorsement, if made as an accommodation endorsement, and known to the party taking it to be such. InBabcock v. Beman (1 Kern. 200), it was held…