Farmers & Mechanics' Bank v. Butchers & Drovers' Bank
New York Court of Appeals
Appeal from the Superior Court of New-York city. The plaintiff, a banking corporation of the State of Maryland, brought the action to recover the amount of five checks, drawn upon the defendant’s bank by T. A. C. Green, payable to the order-’ of S. W. Spencer, cashier of the plaintiff.
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Appeal from the Superior Court of New-York city. The plaintiff, a banking corporation of the State of Maryland, brought the action to recover the amount of five checks, drawn upon the defendant’s bank by T. A. C. Green, payable to the order-’ of S. W. Spencer, cashier of the plaintiff. The checks were all dated on February 16th, 1852 ; three were for $1000 each, and two for $1500 each, and each of them was certified upon its face to be good for the amount mentioned therein, by E. Peck, the defendant’s paying teller. At the trial, before Mr. Justice Boswokth and a jury, it was proved that it…
1Opinion of the CourtSelden, J.
The jury in this case have found, upon sufficient evidence and under propel’ instructions from the court, that the plaintiffs were holders, for value, of tin checks in question. Each of these checks, if duly certified imposes upon the bank an obligation to retain the amount for which the check is drawn, and which, by the certificate, it admits it has in hand to the credit of the drawer to mee l the check when presented, and to pay the same to the holdei on demand. This obligation is substantially the same as that assumed by the acceptor of an ordinary bill of exchange; and the certificates in…
2Cases cited3 opinions
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Stoney v. American Life InsuranceNew York Court of Chancery · 1845
- Laverty v. BurrNew York Supreme Court · 1828
3Cited by122 opinions
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- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
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