The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-19
Superior q

oetofc Cnlef Justice Jones.
APRIL 10 -BwcAsrs nd Drsrers' Bank vs. B.riom;r r.
BrOwM-Thisw ives an action unious in it, r;nd hr m"s
10 recover the anount Of q draft which the dsfendsnt
CURES I2s. Mr.: Brswn Was formsII n.s .rs. %s,n' ,1s ..
Bank, and while so adopted the number in question as
authority TO the discount clerk to pass the notes ~ JraEs
on which he placed it. The present action l. far .dran
Of $IlOe, drawn by Park Benjamin, Tone Of the firm Of
Geo. Dearborn z Coz on Charles }. Hendee. Of Boston, in
favoro Of G. d. X Co. The note was offerei for disconnt
1.-THE regular meeting Of the Board OF Directors of the
Butchers 4 Drovers' Bank on the 10Th January, 1851, but
rejected by the Board, and discounted by order Of the
President, (defendens in this suiD on the 2s,h of that
month. The draft wa. dishonored when it became due.
Mr.. Brown was hot elected q director for the pext vaar
and was ucceeded in the presidency.
The present action is brought to recover the amount
with interest, less SEINE little that has been obtained
on it from MIR Hendee. The action is based on
two grounds. Mr.. Brown cashing it contrary to the
wishes of the directors, thereby rendering himself Ii.
able, and also as having placed the number les on il,
which he ackno wi edgsd to a confidential clerk to be bs
endorsement. 10 proof OF this, Mr.. Poe, who had been
discount clerk of the bank from 1884 to 1887, testified as
follows &C received instructions from Mr.. Bro wn re-
lative to paper of this kind. On the first occasion he
came to me with some notes in his hand, and pointed to
the endorsement l25. He said, you see that endorse
ment, sir-them hgur~-that is the number of the
Bank. acknowledge that TO be my endorsement, and
whenever that appears you must recognize it as my en-
in case any thing should h ppen to me that you may
take care Of the interest ofthe bank, for | hold securities
to cover all ,endorseme n.s Of this character. My reason
for not endorsing in my whole name is, that Il would
exceed the directors Iespcn sibility hey ond what is al
lowed by law Dir. Dro~n spoke TO m eseveral tin es in
VI ~ uROn Ay
MIND The DRAFT now sho sD, 10 one ofthose that passed
through my hands. lreceived Il from Mr.. Brown be-
tween discountdays, and believe the figures lag
were placed there BY him, the figures i2s repre-
sented the number of the Bank bull ling at III al time in
the bowery, but theinstituti m was subsequently, emov-
ed othe corner oil Grand street, two or three doors be-
low Paperto a large amount W az found by the directors
marked with this number. Mr.. Brown, in answer to
them, said he got halt per cent for cashing il, and felt him
self morally bound to see that notes having such mum.
bers on were paid. He being perfectly responsible. It
was allowed TO pass although the procedure was in d.
rect violation of law"
For the defence il was contended that o man couId nat
render himself liable on a bill Of exch ange in onv other
way than by a positive endoraement,a and that a symbol
placed on an instrument is parallel, Ut best, to the mark of
a man whs cannot write his name, and which is onlv
legal whea attested al the time by a subscribing witness.
1t was commended, furthermore, that Mr.. Brown was fully
authorized to discount paper, for proper cause, between
the meetings ofthe board. This latter was acknowledged
to a certain extent. but denied as applying to paper
thrown out by the directors. The jury found q verdict
in favor OF plaintiff for principal and interest, the points
of law as TO whether a cypher could be considered an
&c. being lett subject 10 the decision Of the
court.
For plaintiff, Charles O'Conner, Esq. and Messrs. slos.
son 4 Schell. For defendant, Messrs Western and De
Witt.