National Butchers & Drovers' Bank v. Hubbell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of defendant Hubbell, entered upon a decision of the court on trial at Special Term: This action was brought originally against Alfred Wilkinson and J. Forman Wilkinson, composing the firm of Wilkinson & Co. and Charles E. Hubbell, as assignee of said firm, to recover moneys collected on certain checks,…
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of defendant Hubbell, entered upon a decision of the court on trial at Special Term: This action was brought originally against Alfred Wilkinson and J. Forman Wilkinson, composing the firm of Wilkinson & Co. and Charles E. Hubbell, as assignee of said firm, to recover moneys collected on certain checks, notes and drafts forwarded by plaintiff to said firm for collection. The following are the material facts as found by the…
1Opinion of the CourtPeckham, J.
The defendant Hubbell, as one defense to the claim of the plaintiff, insists that Wilkinson & Co., upon the receipt, by them, of the various checks and drafts or other pieces of paper payable on demand, and upon the crediting of the amounts thereof to the plaintiff upon their books, without waiting for the payment of the same, became the owners thereof, and that these facts amounted to a transfer of the title to the paper, or its proceeds, to Wilkinson & Co. In that, we think, he is mistaken. The indorsement upon each piece of paper was for collection simply, and by virtue of that indorsement…
2Cases cited13 opinions
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Collumb v. . ReadNew York Court of Appeals · 1862
- White v. National BankSupreme Court of the United States · 1881
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Scott v. . the Ocean Bank in the City of New YorkNew York Court of Appeals · 1861
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3Cited by38 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Beal v. City of SomervilleCourt of Appeals for the First Circuit · 1892
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