Commercial Bank of Pennsylvania v. Union Bank
New York Supreme Court
THIS was an action of assumpsit, tried at the Rensselaer circuit in December, 1849, before Justice Harris. The declaration contained, besides the usual money counts, two special counts, in one of which it was alleged that the plaintiff being the holder of a bill of exchange drawn at Wilmington, Delaware, on the 15th day of November, 1847, by P. M. Hutton, upon Thomas E. Warren, of Troy, in favor of Betts, Harlan & Hollingsworth, for $>11,421.55, payable at sight, delivered…
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THIS was an action of assumpsit, tried at the Rensselaer circuit in December, 1849, before Justice Harris. The declaration contained, besides the usual money counts, two special counts, in one of which it was alleged that the plaintiff being the holder of a bill of exchange drawn at Wilmington, Delaware, on the 15th day of November, 1847, by P. M. Hutton, upon Thomas E. Warren, of Troy, in favor of Betts, Harlan & Hollingsworth, for $>11,421.55, payable at sight, delivered the same to the defendants for collection, and that the defendants, on the 19th day of the same month, received payment…
1Opinion of the CourtHarris, J.
The Bank of Wilmington and Brandywine received the draft in question from Betts, Harlan & Hollingsworth, the payees and holders thereof, and gave them credit for the amount; that bank thereby became its owner. The Troy City Bank received the draft for collection, and failed either to collect the draft, or to protest it, so as to charge the parties who would have been liable to the owner for its payment. The Bank of Wilmington and Brandywine is therefore entitled to indemnity for its loss, and the Troy City Bank is liable for its failure to discharge the duty it took upon itself when it…
2Cases cited4 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Allen v. CulverNew York Supreme Court · 1846
- S. & M. Allen v. Merchants BankNew York Supreme Court · 1836
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
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- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Terry v. McNielNew York Supreme Court · 1870
- Howard v. Orient Mutual InsuranceThe Superior Court of New York City · 1862