Peter Adams Co. v. National Shoe & Leather Bank
New York Supreme Court
Appeal from a judgment. The Peter Adams Company brought this action against" the National Shoe & Leather Bank, and Alexander C. Branscom, and also Theodore, James W. and Wm. F. Conrow, who were partners under the name of Conrow Brothers ; to recover moneys which Branscom had obtained from plaintiff,, deposited with the bank, and checked out to Conrow Brothers.
Read the full summary
Appeal from a judgment. The Peter Adams Company brought this action against" the National Shoe & Leather Bank, and Alexander C. Branscom, and also Theodore, James W. and Wm. F. Conrow, who were partners under the name of Conrow Brothers ; to recover moneys which Branscom had obtained from plaintiff,, deposited with the bank, and checked out to Conrow Brothers. The plaintiff delivered its check drawn on October 29, 1884, for the sum of $4,500 to A. C. Branscom, who-represented himself to be the manager of the publishing department of the New Orleans Exposition. The check was drawn upon the…
1Opinion of the Court
Daniels, J. [after stating the facts.]
The notice was incomplete, for it did not trace the money to the check, which had been delivered by the plaintiff to Branscom, on the Nassau Bank. But its deficiency in this respect did not operate to the prejudice of the plaintiff, for it appeared by the conversation which, on November 6, took place between the plaintiff’s counsel, Henry H- Bowman and Mr. Crane, the president of the bank, that it was understood by him that the notice did not refer to this money still standing to the credit of Branscom in his account, and which had in fact been obtained…
2Cases cited4 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Newton v. . PorterNew York Court of Appeals · 1877
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
3Cited by3 opinions
- Bryant v. Century BankNew York Supreme Court · 1915
- Gibsonburg Banking Co. v. Wakeman Bank Co.Sandusky Circuit Court · 1900
- Lindstrom v. Bank of Jamestown, New York County Courts1935