Carroad v. Yonkers National Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Carroad v. Yonkers National Bank & Trust Co.

251 A.D. 735, 296 N.Y.S. 1, 1937 N.Y. App. Div. LEXIS 7309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 21, 1937

StatusPublished

This text of 251 A.D. 735 (Carroad v. Yonkers National Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carroad v. Yonkers National Bank & Trust Co., 251 A.D. 735, 296 N.Y.S. 1, 1937 N.Y. App. Div. LEXIS 7309 (N.Y. Ct. App. 1937).

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Opinion

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 cheeks. On the contrary, it was shown that Cianeiulli’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 cheeks in question were drawn. It further appears that the company is a close corporation, used as a convenient adjunct for Cianciulh’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. Present-—-Hagarty, Davis, Johnston, Adel and Close, JJ.

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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 cheeks. On the contrary, it was shown that Cianeiulli’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 cheeks in question were drawn. It further appears that the company is a close corporation, used as a convenient adjunct for Cianciulh’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. Present-—-Hagarty, Davis, Johnston, Adel and Close, JJ.

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Bluebook (online)

251 A.D. 735, 296 N.Y.S. 1, 1937 N.Y. App. Div. LEXIS 7309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroad-v-yonkers-national-bank-trust-co-nyappdiv-1937.