New York Court of Appeals

William Potter v. . the Merchants' Bank of Albany.

September 5, 186328 N.Y. 641

Summary

The Court affirmed the judgment, holding that a bank clerk could transmit a note for collection but lacked authority to transfer title, that recitals in the receiver's appointment order constitute prima facie evidence of jurisdiction, and that damages in a conversion action are the note amount plus interest with a presumption of solvency. A concurrence argued that the trial court erred in excluding a witness's opinion on the note's value.