First National Bank v. Buckhannon Bank
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an attachment against a non-resident sued out by the appellant against the appellee, and laid in the hands of the Continental National Bank. The voucher was a running account of debits and credits showing a balance due to the appellant of $1,024.75. The case is stated in the opinion of the Court.
1Opinion of the CourtMcSherry, J.
The case of Anderson v. Gill, Extr., 79 Md., is clearly distinguishable from the one now before us. In Anderson v. Gill, Extr., we held that when the payee of a check drawn on a banker having funds of the drawer available to cash it, presents it in due time through his collecting agent, and the latter, instead of receiving money for it, surrenders it and takes in lieu of the money the drawee’s own check upon another bank having funds with which to pay the substituted check, and then fails to use proper diligence in presenting the substituted check for payment, which, when it is presented, is…
2Cited by7 opinions
- Lewis, Hubbard & Co. v. Montgomery Supply Co.West Virginia Supreme Court · 1906
- Gregg & Co. v. BeaneSupreme Court of Vermont · 1895
- Herider v. Phoenix Loan Ass'nMissouri Court of Appeals · 1900
- Richardson Grain Separator Co. v. East Hennepin State BankSupreme Court of Minnesota · 1919
- Keenan v. McClureNebraska Supreme Court · 1933
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