Falkland v. . St. Nicholas Nat'l B'k of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first -judicial department, entered upon an order made June 11, 1880, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury and affirming an order denying a motion for a new trial. (Heported below, 21 Hun, 450.) This action was brought to recover a balance alleged to be unpaid on account for moneys deposited by George F. Falkland, plaintiffs intestate.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first -judicial department, entered upon an order made June 11, 1880, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury and affirming an order denying a motion for a new trial. (Heported below, 21 Hun, 450.) This action was brought to recover a balance alleged to be unpaid on account for moneys deposited by George F. Falkland, plaintiffs intestate. The facts found by the referee are substantially "as follows : The firm of Huger Bros, were for several years prior to the…
1Opinion of the CourtMiller, J.
The rule that a bank has a general lien upon all moneys or funds in its possession belonging to the depositor is a part of the law merchant and well-established in commercial transactions. It rests upon the principle that as the depositor is indebted to the bank upon a demand which is due, the funds in its possession may properly and justly be applied in payment of such debt, and it has therefore a right to retain such funds until payment is actually made.
The right to make an application of such funds also arises from the contract implied to exist from the relation of the parties and by…
2Cases cited3 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
3Cited by21 opinions
- Walter v. National City BankOhio Supreme Court · 1975
- Farmers' & Merchants' Bank of Clay Center v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- Chickerneo v. Society National Bank of ClevelandOhio Supreme Court · 1979
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919
- Nolting v. National BankSupreme Court of Virginia · 1901
16 more not listed; retrieve them via the Exa API.