Legal Opinion

New York Produce Exchange Bank v. Houston

Court of Appeals for the Second Circuit

Decided April 14, 1909No. 214PublishedCited by 17 opinions

In Error to the Circuit Court of the United States for the Southern District of New York.

1Opinion of the Court

WARD, Circuit Judge.

The plaintiffs, who had the usual drawing account with the defendant bank, brought suit to recover the sum of $13,702, alleged to be the balance due when the account was closed. The bank defended on the ground that it had paid out on the plaintiffs’ account three checks which represented this amount, viz., August 3, 1905, for $4,102, August 9, 1905, for $4,726.12, and August 29, 1905, for $4,873.88. The plaintiffs are an English firm, and the signature given the bank for drawing checks on their account was a rubber stamp, “p. p. R. P. Houston Company,” with the name of H.…

2Cases cited2 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. First Nat. Bank of Evansville v. Fourth Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1893

3Cited by17 opinions

  1. Glassell Development Co. v. Citizens' Natlional Bank of Los AngelesCalifornia Supreme Court · 1923
  2. American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
  3. Basch v. Bank of Am. Nat'l Tr. & Sav. Ass'nCalifornia Supreme Court · 1943
  4. Wussow v. Badger State BankWisconsin Supreme Court · 1931
  5. Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943

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