Gray v. Alabama National Bank
City of New York Municipal Court
Action by Olin D. Gray, as assignee of the August Gast Bank-Note & Lithographing Company of St. Louis, against the Alabama National Bank, for an alleged breach of a written order, given by defendant'to plaintiff’s assign- or, to make a quantity of steel-plate bank-drafts; the order reciting that it was given on the understanding that “I [defendant] am to have a satisfactory design for” the drafts. The designs furnished were rejected as unsatisfactory.
1Opinion of the CourtMcAdam, C. J.
Lithography is an art,—so is steel-plate engraving, and whether the work produced is good, bad, or indifferent, is one of artistic opinion, taste, or fancy. Bank-note engraving at the present time involves skill, artistic taste, scenic effect, and arrangement. Some people are fastidious about their checks and drafts, and want them equal in appearance to bank-notes. Common printed checks or drafts procurable at the banks or stationers may suit the ordinary requirements of trade, but not the peculiar fancies of individuals who seek to satisfy their notions, and gratify their exceptional taste.…
2Cases cited4 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Seeley v. WellesSupreme Court of Pennsylvania · 1888
- Glenny v. LacyCity of New York Municipal Court · 1888
3Cited by4 opinions
- Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902
- Osborne v. FrancisWest Virginia Supreme Court · 1893
- Schuyler v. PantagesCalifornia Court of Appeal · 1921
- Hummel v. SternThe Superior Court of the City of New York and Buffalo · 1895