Gilpin v. Columbia National Bank
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was the agent of the Sovereign Bank of Canada as a matter of law on the undisputed facts and, therefore, owed no duty to the plaintiff in the premises.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was the agent of the Sovereign Bank of Canada as a matter of law on the undisputed facts and, therefore, owed no duty to the plaintiff in the premises. (Morse on Banks & Banking [4th ed.], § 272; Daniel on Neg. Inst. [5th ed.] § 344; Magee on Banks & Banking [2d ed.], § 285;…
1Opinion of the CourtCollin, J.
The action is to recover the damages caused by the alleged negligence of the defendant in that it did not duly present to the maker for payment a promissory note, bearing indorsements, owned by the plaintiff. (See Gilpin v. Savage, 201 N. Y. 167.) While several grounds are cogently urged by the respondent as sustaining the reversal of the judgment of the Trial Term by the Appellate Division, we have decided to declare a single ground for our affirmance of the reversal.
The defendant is a national bank at Buffalo, New York. In July, 1907, it received by mailfrom a bank of Toronto, Canada, the…
2Cases cited8 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- National Revere Bank v. National Bank of Republic of New YorkNew York Court of Appeals · 1902
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