Farley National Bank v. Pollock & Bernheimer
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard Indore Hon. A. I). Satke. This is an action begun by Pollock & Bernheimer against the Farley National Bank to recover the amount of a check sent to said hank for collection.
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Appeal from Montgomery City Court. Heard Indore Hon. A. I). Satke. This is an action begun by Pollock & Bernheimer against the Farley National Bank to recover the amount of a check sent to said hank for collection. The complaint is as follows: The plaintiff claims of the defendant the sum of two hundred forty-six and 20-100 dollars, with interest from- to-wit, the loth day of October, 1901, for that heretofore, to-wit, on the 14th day of October, 1901, the plaintiffs, through the City National Bank, as their agent, forwarded for collection to the Farley National Bank, at that time a…
1Opinion of the CourtSimpson, J.
The vital question raised by the pleading in this case is, can a bank, to which is intrusted a check for collection, send that check to the bank upon which it is drawn, receive its check on New York in payment, and, when the later check is protested on account of the failure of the bank drawing it, shield itself behind a custom to transact business in that way. It may be admitted that a party commiting a paper to a bank for collection may be bound by a custom which is reasonable and sufficiently general to presume that it is known. The point has not been directly decided in this state. In the…
2Cases cited6 opinions
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Lowenstein & Bros. v. BreslerSupreme Court of Alabama · 1895
- Minneapolis Sash & Door Co. v. Metropolitan BankSupreme Court of Minnesota · 1899
- First National Bank v. Citizens' Savings BankMichigan Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Luckehe v. First Nat. Bk. of MarysvilleCalifornia Supreme Court · 1924
- Planters' Mercantile Co. v. Armour Packing Co. of Louisiana, Ltd.Mississippi Supreme Court · 1915
- Marx Co. v. Bankers' Credit Life Ins. Co.Supreme Court of Alabama · 1931
6 more not listed; retrieve them via the Exa API.