Farrington v. Park Bank
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the proceeds of a note, made by the Houston and Texas Central Rail Road Company, and deposited with the defendant for collection. _ The referee re¡Darted in favor of the plaintiff, and the defendant appealed from the judgment.
1Opinion of the Court
By the Court,
Brown, J.
At the time James Bigler left the note of the Houston and Texas Central Rail Road Company with the Park Bank, the defendant, for collection, he was not a joint owner thereof as copartner with D. Farrington & Son. That relation and interest had existed at the time the note was made. The note had, however, been discounted at the Bank of Newburgh and the proceeds carried to James Bigler’s credit. When it fell due it was protested, and remained unpaid by the makers. It was afterwards paid by D. Farrington & Son, with their own means, and pledged by James Bigler to them, to…
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