President of the Union Bank v. Clossey
This text of 10 Johns. 271 (President of the Union Bank v. Clossey) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Without noticing the subsequent pleadings, it is sufficient to observe that the replication is bad in substance; for it assigns no breach of trust or want of fidelity in the clerk. The bond was, that he should well and■ faithfully perform his duties as first teller; and this evidently applied to his honesty, and not to his ability in his trust. A mere mistake in overpayment of a check can never be alleged as a breach of trust, for the.mistake may happen to a teller of the purest morals and the best capacity for business.
Judgment for the defendant, with leave, &c.
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10 Johns. 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-of-the-union-bank-v-clossey-nysupct-1813.