Columbia-Knickerbocker Trust Co. v. . Miller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The check was paid when the balances in the Clearing House were paid, at half-past one o’clock on January 19, 1910, and the defendant was not thereafter liable thereon. (Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The check was paid when the balances in the Clearing House were paid, at half-past one o’clock on January 19, 1910, and the defendant was not thereafter liable thereon. (Nat. Union Bank v. Earle, 93 Fed. Rep. 330; Morse on Banks & Banking, § 449; Nat. Park Bank v. Ninth Nat. Bank, 46 N. Y. 77;…
1Opinion of the CourtMiller, J.
This is an action upon a check drawn on the 17th day of January, 1910, upon the National City Bank of New York by Lathrop, Haskins & Company to the order of the defendant and by him, indorsed and deposited about noon the next day in his regular account with the plaintiff trust company, which on that day indorsed and transferred the check to the National Bank of Commerce, a member of the New York Clearing House Association. At about 10 o’clock on the morning of the 19th the check in a bundle with other items was delivered at the Clearing House to the messenger of the City Bank and was by him…
2Cases cited4 opinions
- Merchants' National Bank v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1885
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Mt. Morris Bank v. . Twenty-Third Ward BankNew York Court of Appeals · 1902
- Citizens Central National Bank v. New Amsterdam National BankAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by11 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Converse Rubber Co. v. Boston-Continental Nat. BankDistrict Court, D. Massachusetts · 1935
- Eastman Kodak Co. v. National Park BankDistrict Court, S.D. New York · 1916
- Geibe v. Chicago Lake State BankSupreme Court of Minnesota · 1924
- First National Bank of Philadelphia, Pennsylvania v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1917
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