Straus v. Tradesmen's National Bank
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 January 26, 1888, which affirmed a judgment in favor ■of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The relation of banker and -customer in respect to deposits is that of debtor and creditor.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 26, 1888, which affirmed a judgment in favor ■of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The relation of banker and -customer in respect to deposits is that of debtor and creditor. When deposits are received they belong to the bank as a part of its general funds, .and the banker becomes the debtor to the •depositor, and agrees to discharge the…
1Opinion of the CourtBradley, J.
The action was brought against the appellant and the Hanover Rational Bank of Rew York, and its purpose originally was to restrain the former from transferring or presenting for payment, and the latter from paying, a check drawn by the plaintiffs upon the Hanover Bank for $11,787.50, which had been deposited with the Tradesmen’s Bank to the credit of Hiram Dixon. The claim to such relief was predicated upon the alleged ground that the check was so deposited to produce a fund to the credit of Dixon to pay a check drawn by him upon that bank for $11,775 ; and that the bank last mentioned sought…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Commercial Bank v. HughesNew York Supreme Court · 1837
3Cited by23 opinions
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- Smith v. Sanborn State BankSupreme Court of Iowa · 1910
- Staten Island Cricket & Baseball Club v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1899
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