Legal Opinion

Bank of British North America v. Merchants' National Bank

New York Court of Appeals

Decided January 16, 1883PublishedCited by 23 opinions

Appeal from judgment of the General Term of the Superior Court of tlje city of Rew Yolk, entered upon an order made December 8, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 16 J. & S. 1.) The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtEarl, J.

This action was brought to recover of the defendant an amount of money claimed to be due from it to the plaintiff on account of the following facts: On the 9th day of March, 1870, the plaintiff had with the defendant a deposit account, upon which was due the plaintiff more than $17,500, and on that day the plaintiff drew a check on the defendant for that sum, payable to the order of Mrs. Halpine. That check was on the same day certified to be good by the teller of the defendant. It does not appear for whom or upon whose request the certification was made. On the next day the check, with the…

2Cases cited2 opinions

  1. Weisser v. . DenisonNew York Court of Appeals · 1854
  2. Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880

3Cited by23 opinions

  1. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  2. Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
  3. German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
  4. Gutfreund v. East River National BankNew York Court of Appeals · 1929
  5. National Dredging Co. v. PresidentSupreme Court of Delaware · 1908

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