Castle v. Corn Exchange Bank
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Eobert D. Castle against the Corn Exchange Bank. From a judgment entered on a verdict directed by the court in favor of defendant, and from an order denying a motion for a new, trial, plaintiff appeals.
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Appeal from circuit court, Hew York county. Action by Eobert D. Castle against the Corn Exchange Bank. From a judgment entered on a verdict directed by the court in favor of defendant, and from an order denying a motion for a new, trial, plaintiff appeals. This action was brought to recover damages for conversion of a bill of exchange, or draft, drawn by the Farmers’ National Bank of Lancaster, Pa., on the First National Bank of New York, and payable to the order of defendant’s cashier, by whom it was indorsed in’ blank. The history of the draft is as follows: In July, 1884, Mary O. Melson,…
1Opinion of the CourtO’Brien, J.
The facts here are substantially the same as those appearing upon the former appeal in the case of Corn Exch. Bank v. Farmers’ Nat. Bank, 118 N. Y. 445, 23 N. E. 923. Though the title to the draft, or its proceeds, which is the subject of this action, was there involved, the question was not decided, because it was therein held that neither the plaintiff nor defendant in that action was the agent of the owner, and, conceding that the latter could maintain an action against plaintiff to recover the amount of the ■check, this was not available to defendant as a defense, as “no contract relation…
2Cases cited6 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Gillet v. . RobertsNew York Court of Appeals · 1874
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- McKee v. . JuddNew York Court of Appeals · 1855
- Storm v. LivingstonNew York Supreme Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- J. G. White & Co. v. Ball Engineering Co.Court of Appeals for the Second Circuit · 1924