National Revere Bank v. National Bank of Republic of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was not negligence for the-defendant to mail for payment the checks received from the plaintiff directly to the drawee hank.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was not negligence for the-defendant to mail for payment the checks received from the plaintiff directly to the drawee hank. By mailing them directly to the bank upon which they were drawn upon the- day they were received the defendant discharged its full duty to…
1Opinion of the CourtO’Brien, J.
The judgment recovered by the plaintiff at the trial has been unanimously affirmed below and hence the facts, so far as they were in dispute, must in this court be deemed to be settled hi it's favor. At the close of the trial both-sides moved for the direction of a verdict in its favor but the trial judge refused both requests and of his own motion submitted the case to the jury and a verdict was found for the plaintiff. In moving for the direction of a verdict at the close of the case counsel on both sides contended that there was no question of fact for the jury. The case has been argued in…
2Cases cited5 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- Indig v. . National City BankNew York Court of Appeals · 1880
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Briggs v. . Cent. Nat'l B'k of City of N.Y.New York Court of Appeals · 1882
3Cited by21 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Security Savings & Trust Co. v. KingOregon Supreme Court · 1914
- First Nat. Bank of Denver v. Federal Reserve Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1925
- Spokane & Eastern Trust Co. v. United States Steel Products Co.Court of Appeals for the Ninth Circuit · 1923
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