Empire Trust Co. v. Cahan, 274 U.S. 473 (1927)

Empire Trust Co. v. Cahan

No. 318

Argued April 29, 1927
Decided May 31, 1927
274 U.S. 473

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Where an adult son, under an unlimited power of attorney given by his father, drew checks on his father’s account in two banks, to his own order or the order of a third bank, signing them with his father’s name by himself as attorney, and deposited them to his own private account in the third bank, and subsequently (the checks having been honored by the drawee bank) drew out the fund from the third bank and applied them to his own use, and these transactions went on for over two years, the notice gained from the form of his checks was not sufficient to charge that bank with knowledge of the misappropriation. P. 479.

9 F.2d 713 reversed.

Certiorari (271 U.S. 653) to a judgment of the circuit court of appeals which affirmed a judgment of the district court, recovered from the petitioner by the respondent.