Spaulding v. First National Bank

Headnote

Pleading — sufficiency of complaint alleging action for conversion of check.

Spaulding v. First Nat. Bank, 210 App. Div. 216 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1924, which affirmed an order of Special Term denying a motion for an order dismissing the complaint.

The following question was certified:

“ Does the complaint herein state facts sufficient to constitute a cause of action.” The complaint alleged that plaintiff was the owner of, and entitled to possession of, a certain check, made on or about February 23, 1923, wherein and whereby the Mutual Life Insurance Com

pany of New York required the defendant to pay to the order of Russell Spaulding and Lucile B. Spaulding, the plaintiff herein, the sum of $1,287.09; that the value thereof was that amount; that on March 14, 1923, defendant wrongfully and without authority of plaintiff obtained possession of said check; that plaintiff’s indorsement thereon was a forgery; that defendant wrongfully disposed of and converted said check and the proceeds thereof to its own use, to the damage of plaintiff in the sum of $1,287.09, which was the value of the check; that plaintiff has demanded from defendant payment of the amount thereof, but that defendant has neglected and refused to pay the same.