Cutler v. American Exchange National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of June, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court. This action was brought to recover the sum of $500 alleged to have been deposited with defendant by plaintiffs.' The plaintiffs were depositors with the defendant bank.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of June, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court. This action was brought to recover the sum of $500 alleged to have been deposited with defendant by plaintiffs.' The plaintiffs were depositors with the defendant bank. Desiring to remit a sum of money to one Hall, in Leadville, Col., they asked of the defendant’s officers if they could do it for them. They said they could, but refused to give the…
1Opinion of the CourtGray, J.
This appeal turns upon the. understanding and agreement between these parties. That they made a distinct compact is not to be doubted, and the plaintiff’s construction of it seems to us as logical as it is natural. The agreement must control the respective rights and duties, and it is to be determined by what was said and done between the parties, when the plaintiffs paid their 'money to the defendant. The plaintiffs wished to make a payment to a certain person, in a distant state, and the defendant undertook to effect it for them in its own way. When the plaintiffs assented and paid in the…
2Cases cited1 opinion
- Drovers' National Bank v. O'HareIllinois Supreme Court · 1887
3Cited by24 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- State Ex Rel. School District No. 4 v. McGrawMontana Supreme Court · 1925
- American Exchange National Bank v. Loretta Gold & Silver Mining Co.Illinois Supreme Court · 1896
- Cassedy v. Johnstown BankAppellate Division of the Supreme Court of the State of New York · 1936
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