From Casetext: Smarter Legal Research

Carroad v. Yonkers National Bank and Trust Company

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1937
251 App. Div. 735 (N.Y. App. Div. 1937)

Opinion

May 21, 1937.

Present — Hagarty, Davis, Johnston, Adel and Close, JJ.


In an action to recover corporate moneys alleged to have been converted by indorsements of checks without authority, the proceeds of which the defendant bank permitted the indorser to use personally, judgment dismissing the complaint unanimously affirmed, with costs. In our opinion, the appellant failed to prove lack of authority in Cianciulli to indorse the corporate checks. On the contrary, it was shown that Cianciulli's personal account and that of the corporation were used interchangeably for payment of the company's obligations during all of the period in which the checks in question were drawn. It further appears that the company is a close corporation, used as a convenient adjunct for Cianciulli's operations, and, in fact, that Cianciulli had been permitted to use corporate checks as he willed. Under the circumstances, there is a complete failure of proof as to conversion.


Summaries of

Carroad v. Yonkers National Bank and Trust Company

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1937
251 App. Div. 735 (N.Y. App. Div. 1937)
Case details for

Carroad v. Yonkers National Bank and Trust Company

Case Details

Full title:ALEXANDER H. CARROAD, as Trustee in Bankruptcy of YONKERS CONTRACTING…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 21, 1937

Citations

251 App. Div. 735 (N.Y. App. Div. 1937)