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Story March 26, 1869

The Daily Dispatch

Richmond, Virginia

What is this article about?

In a New York Supreme Court case, Verplank and others sued Manufacturers' National Bank after it cashed a stolen $5,000 gold certificate in January 1868, despite posted notices. Judge Peckham ruled in favor of the bank, as they lacked notice of the theft.

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OCR Quality

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Full Text

Liability for Purchasing Stolen Bonds—An Interesting Suit.—An important question to bond-holders was decided before Judge Peckham in the Supreme Court of New York, on Tuesday, in the suit of Verplank and others against the Manufacturers' National Bank and others. The plaintiffs, in November, 1867, lost a $5,000 gold certificate, stolen from one of their messengers. They at once advertised it, and got out handbills announcing its loss. The handbills had on them "Stolen—A gold check," but in other respects described it correctly. On the 5th of January the certificate was presented at the counter of the Manufacturers' Bank by a person who said that he desired to exchange it for smaller certificates to purchase exchange at Brown Brothers'. One of the handbills was then conspicuous in the bank, but the teller, not noticing it, handed out five $1,000 gold certificates. On presenting the certificates to the sub-treasury, Mr. Van Dyck refused payment, and notified the plaintiffs. The plaintiffs thereupon began a replevin suit against the bank and the teller, and to prevent, by injunction, the cashing of the check, made the assistant treasurer also a party to the suit. The plaintiffs claimed, on the trial, that the defendants had notice of the fact that it was stolen, and therefore acquired no title. The bank showed that these certificates passed from hand to hand by delivery; that there were some $250,000,000 afloat, and that one bank took in two millions a day, and the defendants themselves $25,000; and that there was a very marked difference between gold checks and gold certificates. The Court directed a verdict for the defendants, and as there had been an injunction, directed the jury to assess interest on the value of the check as damages.—New York Post, Tuesday.

What sub-type of article is it?

Crime Story Historical Event

What themes does it cover?

Justice Crime Punishment

What keywords are associated?

Stolen Gold Certificate Court Suit Bank Liability Replevin Action New York Supreme Court

What entities or persons were involved?

Verplank And Others Manufacturers' National Bank Judge Peckham Mr. Van Dyck

Where did it happen?

Supreme Court Of New York

Story Details

Key Persons

Verplank And Others Manufacturers' National Bank Judge Peckham Mr. Van Dyck

Location

Supreme Court Of New York

Event Date

November, 1867; 5th Of January; Tuesday

Story Details

Plaintiffs lost a stolen $5,000 gold certificate in November 1867 and advertised it. In January, the bank cashed it without noticing the handbill, despite description differences. Court ruled bank acquired title as no actual notice, verdict for defendants with damages assessed.

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