First National Bank v. Clark
New York Supreme Court
Appeal from a judgment, entered on a nonsuit directed at tbe Allegany Circuit. The defendant was a private or individual banker at Scio, N. Y. The evidence tends to prove that on the 5th day of December, 1882, Sliney & Whelan indorsed and presented a note, made by Knox Brothers for $3,500, to the defendant’s bank for discount, and that it was there discounted with the oral understanding that the proceeds should not be paid until the fifteenth of the month, and thereupon the…
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Appeal from a judgment, entered on a nonsuit directed at tbe Allegany Circuit. The defendant was a private or individual banker at Scio, N. Y. The evidence tends to prove that on the 5th day of December, 1882, Sliney & Whelan indorsed and presented a note, made by Knox Brothers for $3,500, to the defendant’s bank for discount, and that it was there discounted with the oral understanding that the proceeds should not be paid until the fifteenth of the month, and thereupon the defendant’s cashier gave to Sliney & Whelan a deposit check or certificate in the following form: “Deposited by Sliney &…
1Opinion of the Court
Bradley, J.:
The question presented here is whether the evidence was sufficient to permit the conclusion that the plaintiff derived from Sliney & Whelan title to the alleged claim against the defendant for the amount of the deposit. Assuming that Babcock represented the defendant in making it, the certificate was in effect an acknowledgment by the latter that the sum mentioned had been deposited in his bank, in the manner so indicated. This certificate contains no express promise to pay, and it is, therefore, contended that it is nothing more than a mere receipt in its legal import and effect.
I…
2Cases cited9 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Payne v. . GardinerNew York Court of Appeals · 1864
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Pardee v. . FishNew York Court of Appeals · 1875
- Meyer v. . PeckNew York Court of Appeals · 1863
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