Chapman v. . White
New York Court of Appeals
Appeal from the general term of the. Supreme Court, in the sixth district, where a judgment had been rendered in favor of the plaintiff, in a case submitted pursuant to § 372 of the code. The defendant was the receiver of the Canal Bank at Albany.
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Appeal from the general term of the. Supreme Court, in the sixth district, where a judgment had been rendered in favor of the plaintiff, in a case submitted pursuant to § 372 of the code. The defendant was the receiver of the Canal Bank at Albany. The Bank of Geneva, having a general deposit in the Canal Bank .at Albany, upon which the latter paid interest, on the 7th July 1848, drew a draft or check on the' Canal Bank, payable to the order of its cashier, in the following words: “500. *Bank of Geneva, July 8,1848. * 4131 i j 7 J Canal Bank, Albany. Pay to the order of Theo. Olcott, Esq.,…
1Opinion of the Court
*Gardiner, J.
— The question upon the facts stated is, whether the draft, under these circumstances, operated as an assignment of the deposit of the Geneva Bank, to the amount of the draft, either at law or in equity. The question has been decided by this court, in Cowperthwaite v. Sheffield (3 N. Y. 243), Harris v. Clark (Id. 93), and in Winter v. Drury (5 Id. 525). The instrument in question was an ordinary bill of exchange; it did not purport to be drawn on a particular fund, even if one existed. But there is nothing to show that any part of the deposit of the Geneva Bank was held by the…
2Cases cited4 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850
3Cited by26 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Martin v. . Home BankNew York Court of Appeals · 1899
- O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
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