Dod v. Fourth National Bank
New York Supreme Court
THIS action was brought to recover the proceeds of a draft for $821.91, received by the defendant under the following circumstances: On April 15, 1867, the plaintiff was in New Orleans, Louisiana, and had then in his possession a draft for $821.91 on Spence, Montague & Co. of New York city, drawn by Francis P. Drain, at Havana, March 30, 1867, payable to the order of the plaintiff' sixty days after date, of which draft the plaintiff was the owner, and on that day he…
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THIS action was brought to recover the proceeds of a draft for $821.91, received by the defendant under the following circumstances: On April 15, 1867, the plaintiff was in New Orleans, Louisiana, and had then in his possession a draft for $821.91 on Spence, Montague & Co. of New York city, drawn by Francis P. Drain, at Havana, March 30, 1867, payable to the order of the plaintiff' sixty days after date, of which draft the plaintiff was the owner, and on that day he delivered said draft to the cashier of the First National Bank of New Orleans for acceptance and collection.. Said draft was…
1Opinion of the Court
By the Gourt, Cardozo, J.
I think the evidence given by the defendants would not have justified a verdict that they had parted with any money upon the faith of the draft which had been sent to them for collection, even if, which they did not, they had asked the circuit judge to submit that question to the jury. I know that the cashier swears generally to having advanced on this and other drafts; but I think when all his evidence is considered, it is wholly unsatisfactory to support such a theory as that any specific loan was made on the faith of this draft. That being so, the case-falls within…
2Cases cited2 opinions
- Lindauer v. Fourth National BankNew York Supreme Court · 1869
- Dickerson v. WasonNew York Supreme Court · 1869
3Cited by1 opinion
- Carroll v. BankWest Virginia Supreme Court · 1887