John G. Paton Co. v. Guar. Trust Co. of New York

CourtNew York Court of Appeals
Writing for the CourtPER CURIAM.
Citation254 N.Y. 621,173 N.E. 893
PartiesJOHN G. PATON CO., Inc., Respondent, v. GUARANTY TRUST COMPANY OF NEW YORK, Appellant.
Decision Date21 October 1930

254 N.Y. 621
173 N.E. 893

JOHN G. PATON CO., Inc., Respondent,
v.
GUARANTY TRUST COMPANY OF NEW YORK, Appellant.

Court of Appeals of New York.

Oct. 21, 1930.


Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (227 App. Div. 545, 238 N. Y. S. 362,), entered January 16, 1930, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover an amount paid out by the defendant on checks of the plaintiff, the indorsements upon which were forged. It appeared that an employee of the plaintiff procured money for himself by drawing checks to the order of various consignors, forging the names of the consignors as indorsers, and then cashing the checks at the drawee bank, having signed his own name below that of the purported indorsements of the payees.

[254 N.Y. 622]Russel S. Coutant, William C. Cannon, Theodore Kiendl, and Francis W. Phillips, all of New York City, for appellant.

Brison Howie, of New York City, for respondent.


PER CURIAM.

Judgment affirmed with costs.

CARDOZO, C. J., and POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN, and HUBBS., JJ., concur.

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4 practice notes
  • Baum v. Turel
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 27, 1962
    ...seal of approval on the above reasoning, although its answer in Conklin to a certified question amounts to at least tacit acquiescence. 254 N.Y. at 621, 173 N.E. at 893. As the trial judge in Dorfman v. Schoenfeld suggests, possibly the Appellate Division and certainly the Court of Appeals ......
  • AMERICAN BUILDING MAIN. CO. OF CAL. v. FEDERATION B. & T. CO.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 11, 1963
    ...& Trust Co., relied upon the case of Paton Co., Inc. v. Guaranty Trust Co., 227 App.Div. 545, 238 N.Y.S. 362, affirmed without opinion 254 N.Y. 621, 173 N.E. 893. The second of the two cases, which was affirmed by the Appellate Division of the Court of Appeals, relied upon the first of the ......
  • City of New York v. Bronx Cnty. Trust Co.
    • United States
    • New York Court of Appeals
    • January 17, 1933
    ...plaintiff drawee, much less to the defendants (Paton Co. v. Guaranty Trust Co. of New York, 227 App. Div. 545, 238 N. Y. S. 362, affirmed 254 N. Y. 621, 173 N. E. 893). We come, then, to the one substantial question. This system of pay roll payment was first put in use by the city of New Yo......
  • Conklin v. Draper
    • United States
    • New York Court of Appeals
    • October 21, 1930
    ...in the complaint herein barred by the Statute of Limitations contained in section 50, subdivision 1, of the Civil Practice Act.’ [173 N.E. 893][254 N.Y. 621]James B. McDonough, Jr., and Arthur C. Power, both of New York City, for appellant.Lorenz J. Brosnan, of New York City, for respondent......
4 cases
  • Baum v. Turel
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 27, 1962
    ...seal of approval on the above reasoning, although its answer in Conklin to a certified question amounts to at least tacit acquiescence. 254 N.Y. at 621, 173 N.E. at 893. As the trial judge in Dorfman v. Schoenfeld suggests, possibly the Appellate Division and certainly the Court of Appeals ......
  • AMERICAN BUILDING MAIN. CO. OF CAL. v. FEDERATION B. & T. CO.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 11, 1963
    ...& Trust Co., relied upon the case of Paton Co., Inc. v. Guaranty Trust Co., 227 App.Div. 545, 238 N.Y.S. 362, affirmed without opinion 254 N.Y. 621, 173 N.E. 893. The second of the two cases, which was affirmed by the Appellate Division of the Court of Appeals, relied upon the first of the ......
  • City of New York v. Bronx Cnty. Trust Co.
    • United States
    • New York Court of Appeals
    • January 17, 1933
    ...plaintiff drawee, much less to the defendants (Paton Co. v. Guaranty Trust Co. of New York, 227 App. Div. 545, 238 N. Y. S. 362, affirmed 254 N. Y. 621, 173 N. E. 893). We come, then, to the one substantial question. This system of pay roll payment was first put in use by the city of New Yo......
  • Conklin v. Draper
    • United States
    • New York Court of Appeals
    • October 21, 1930
    ...in the complaint herein barred by the Statute of Limitations contained in section 50, subdivision 1, of the Civil Practice Act.’ [173 N.E. 893][254 N.Y. 621]James B. McDonough, Jr., and Arthur C. Power, both of New York City, for appellant.Lorenz J. Brosnan, of New York City, for respondent......

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