Continental National Bank v. Tradesmen's National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 4, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover $7,584, with interest; a sum, which, as the complaint alleges, was paid by the plaintiff to the defendant under a mistake of fact. The following facts were disclosed by the evidence upon the trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 4, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover $7,584, with interest; a sum, which, as the complaint alleges, was paid by the plaintiff to the defendant under a mistake of fact. The following facts were disclosed by the evidence upon the trial. A cashier’s check, or draft as it is sometimes spoken of, was drawn by the Philadelphia National Bank, of Philadelphia,…
1Opinion of the CourtGray, J.
This case comes to us upon questions of law, raised by exceptions taken upon the trial. All questions of fact depending upon conflicting testimony, or upon inferences from the evidence adduced, have been forever settled by the unanimous affirmance of the judgment at the Appel late' Division. It is quite obvious, as well from the nature of the pleadings, as from the course of the trial, that the questions to be decided by the jury related to the negligence of the plaintiff in. giving certification to the check, when it was in possession of a letter of advice showing that the check had been…
2Cases cited3 opinions
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
3Cited by8 opinions
- Manufacturers Hanover Trust Co. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- City & County of Denver v. Hobbs EstateSupreme Court of Colorado · 1914
- National Reserve Bank v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- Sam Goody, Inc. v. Franklin National BankNew York Supreme Court · 1968
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