Crawford v. . West Side Bank
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Bew York, made February 21, 1883, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, .17 J. & S. 68.) This action was brought to recover an alleged balance on deposit by plaintiff with defendant. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of Bew York, made February 21, 1883, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, .17 J. & S. 68.) This action was brought to recover an alleged balance on deposit by plaintiff with defendant. The material facts are stated in the opinion. The check was not avoided or vitiated by the alteration so as to affect its validity or impair its effect as originally drawn. The bank is entitled to charge it against the account of the maker for the…
1Opinion of the Court
Ruger, Ch. J.
The relation existing between a bank and its depositor is, in a strict sense, that of debtor and creditor; but in discharging its obligation as a debtor, the bank must do so subject to the rules obtaining between principal and agent.
In disbursing the customer’s funds, it can pay them only in the usual course of business, and in conformity to his directions. In debiting his account it is not entitled to charge any payments except those made at the time when, to the person whom, and for the amount authorized by him. ( Wheeler v. Guild, 20 Pick. 545 ; Dan. on Neg. Inst., § 1818.) It…
2Cases cited7 opinions
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- White v. . Continental National BankNew York Court of Appeals · 1876
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Redington v. WoodsCalifornia Supreme Court · 1873
- Meyer v. . HunekeNew York Court of Appeals · 1874
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3Cited by56 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Peterson v. Idaho First National BankIdaho Supreme Court · 1961
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Janin v. London & San Francisco BankCalifornia Supreme Court · 1891
- United States Cold Storage Co. v. Central Manufacturing District BankIllinois Supreme Court · 1931
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