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

• Decision Date: 21 October 1930
• Citation: 254 N.Y. 621,173 N.E. 893
• Parties: JOHN G. PATON CO., Inc., Respondent, v. GUARANTY TRUST COMPANY OF NEW YORK, Appellant.
• Court: New York Court of Appeals Court of Appeals

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.

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.