Bank of Clarke County v. Gilman
New York Supreme Court
Action by the Bank of Clarke County against Theodore Gilman and others. Judgment for plaintiff. Submission of controversy on agreed statement of facts, pursuant to section-1279, Code Civ. Proc. Plaintiff and the defendants are engaged in the business of banking,—the former at Berryville, Va.; the latter in the city of New York.
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Action by the Bank of Clarke County against Theodore Gilman and others. Judgment for plaintiff. Submission of controversy on agreed statement of facts, pursuant to section-1279, Code Civ. Proc. Plaintiff and the defendants are engaged in the business of banking,—the former at Berryville, Va.; the latter in the city of New York. On the 32th of January, 1892, the plaintiff sent to J. J. Nicholson & Sons, bankers at Baltimore, without any special instructions or previous-special agreement varying the legal effect of its indorsement, a check of which it was the holder. The check was drawn on the…
1Opinion of the CourtParker, J.
The general proposition which lies' at the foundation of a discussion of the merits of this controversy found expression by the court of appeals in Dickerson v. Wason, 47 N. Y. 439, in the following language:
“Where persons in the business of banking and collecting send to their correspondents or agents, in the regular course of business of receiving and sending notes between them for collection for mutual account, business paper received from customers for collection, the agent or correspondent acquires no better title to it or its proceeds than was owned by the one transmitting it, unless…
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- Manufacturers' National Bank v. Continental BankMassachusetts Supreme Judicial Court · 1889
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