Egerton v. Fulton National Bank
The Superior Court of New York City
Action tried at the trial term without a jury, January, 1873. This is an action to recover the sum of two hundred and forty-four dollars and ninety cents, claimed to be due and owing by the defendants to the plaintiff. For several years prior to September, 1871, the plaintiff had been a depositor in the defendant’s bank.
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Action tried at the trial term without a jury, January, 1873. This is an action to recover the sum of two hundred and forty-four dollars and ninety cents, claimed to be due and owing by the defendants to the plaintiff. For several years prior to September, 1871, the plaintiff had been a depositor in the defendant’s bank. In June, 1869, the plaintiff made and delivered his -promissory note for the above mentioned sum, payable in sixty days to the order of T. McManus, at the defendant’s bank. Before the maturity of the note, the plaintiff notified the bank not to pay or accept it.…
1Opinion of the CourtMonell, J.
—The plaintiff having made his promissory note payable at the defendant’s bank, it may be treated as an inland bill of exchange drawn against a general fund. It did hot, however, appropriate the fund, or confer any right to it, on the holder of the note; and the bank could refuse to pay, without incurring any liability to the holder.
The relation between a bank and its depositor is that of debtor and creditor, and not of bailee and bailor. The bank has the absolute and legal title, and is liable only in the character of an ordinary debtor (Com. Bk. of Albany agt. Hughes, 17 Wend., 94; Matter…
2Cases cited7 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Chapman v. . WhiteNew York Court of Appeals · 1852
- In re the President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Graves v. . DudleyNew York Court of Appeals · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- K. & K. Silk Trimming Co. v. Garfield National BankAppellate Terms of the Supreme Court of New York · 1923
- K. & K. Silk Trimming Co. v. Garfield National BankAppellate Terms of the Supreme Court of New York · 1923