President of Manhattan Co. v. Lydig
New York Supreme Court
THIS was an action of assumpsit for money had and received to the use of the plaintiff; being the sum of 1,452 dollars, paid by the plaintiffs to the checks or drafts of the defendant, between the 19th March and the 20th April, 1803, inclusive.
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THIS was an action of assumpsit for money had and received to the use of the plaintiff; being the sum of 1,452 dollars, paid by the plaintiffs to the checks or drafts of the defendant, between the 19th March and the 20th April, 1803, inclusive. The cause was tried at the NewTork sittings, in November, 1806, before Mr. Justice Tompkins. 1 The plaintiffs proved the payment of the checks in e question, and the deficiency in the deposits of the defend- . . . anc, during the period above mentioned. From the regula- % • tions of the bank, as to the mode of transacting business, it appeared, that it…
1Opinion of the CourtSpencer, J.
If the defendant’s account with the bank be considered as balanced by the officers of the bank having competent authority for that purpose, as it appears to me it must; still the cases of Vernon v. Vaudry,* and Brownell v. Brownell,† are authorities for saying, that though the whole account cannot be opened after such a lapse of time, yet that the particular items may be falsified.
This case turns on the point, whether in respect to some of the false credits given to the defendant in the *388ledger, and from thence transcribed into the defendants bank book, Brower did not act as the agent of the…
2Cited by11 opinions
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Chapple v. Merchants National BankMassachusetts Supreme Judicial Court · 1933
- Hepburn v. Citizens BankSupreme Court of Louisiana · 1847
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