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Standard Steam S. Co. v. Corn Exchange Bank

Appellate Division of the Supreme Court of New York, First Department
Jul 10, 1914
163 App. Div. 496 (N.Y. App. Div. 1914)

Opinion

July 10, 1914.

John J. Halpin, for the appellant.

Henry M. Stevenson, for the respondent.



Upon the foregoing facts we are unable to distinguish this case in principle from Salen v. Bank of State of New York ( 110 App. Div. 636), in which Mr. Justice CLARKE carefully examined all the authorities on the subject and clearly demonstrated the distinction between the case in which he was writing and those upon which the plaintiff in the principal case relies. ( Schmidt v. Garfield Nat. Bank, 64 Hun, 298; affd., 138 N.Y. 631; Robinson v. Chemical Nat. Bank, 86 id. 404.) We can add nothing to what was said in the Salen case, and it would serve no useful purpose to reiterate what was written there.

The circumstances that plaintiff's employee was furnished with a rubber stamp does not in our opinion differentiate the cases. That was a mere matter of convenience. The point is that she was authorized to indorse the checks in plaintiff's name. Whether the legend attached above the signature was written or stamped was immaterial.

The determination of the Appellate Term must be reversed, and the judgment of the Municipal Court affirmed, with costs to the appellant in all courts.

INGRAHAM, P.J., McLAUGHLIN, DOWLING and HOTCHKISS, JJ., concurred.

Determination reversed and judgment of Municipal Court affirmed, with costs to appellant in all courts. Order to be settled on notice.


Summaries of

Standard Steam S. Co. v. Corn Exchange Bank

Appellate Division of the Supreme Court of New York, First Department
Jul 10, 1914
163 App. Div. 496 (N.Y. App. Div. 1914)
Case details for

Standard Steam S. Co. v. Corn Exchange Bank

Case Details

Full title:THE STANDARD STEAM SPECIALTY COMPANY, Respondent, v . THE CORN EXCHANGE…

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

Date published: Jul 10, 1914

Citations

163 App. Div. 496 (N.Y. App. Div. 1914)
148 N.Y.S. 549