German Nat. Bank v. Burns
Supreme Court of Colorado
Appeal from Superior Court of Denver. Charles Burns, the plaintiff below, in January, 1884, deposited in the First National Bank of Leadville the sum of $3,300, and received from said bauk its certificate of deposit, payable to said Bums, or his order, upon return of the certificate properly indorsed.
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Appeal from Superior Court of Denver. Charles Burns, the plaintiff below, in January, 1884, deposited in the First National Bank of Leadville the sum of $3,300, and received from said bauk its certificate of deposit, payable to said Bums, or his order, upon return of the certificate properly indorsed. Plaintiff, then having a bank account with the German National Bank of Denver, defendant below, indorsed and sent the certificate to said defendant bank, with a letter, as follows: “Leadville, Jan. 15, 1884. W. I. Jenkins, Cashier German Nat. Bank — Dear Sir: I inclose to you a certificate of…
1Opinion of the CourtJustice Elliott
The plaintiff, by letter, had requested defendant to credit his account with the amount of the certificate of deposit inclosed. The reply to this letter by its literal- terms indicated compliance with this request, but the credit was not actually given; and the trial court held that the evidence under the circumstances did not warrant the plaintiff’s claim to such unconditional credit, so the first cause of action -was dismissed. The trial court seemed to consider plaintiff’s letter transmitting the certificate of deposit as equivalent to a request from plaintiff to collect of the Leadville…
2Cases cited6 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879
- Indig v. . National City BankNew York Court of Appeals · 1880
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States Nat. Bank v. ShupakMontana Supreme Court · 1918
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Anderson v. RodgersSupreme Court of Kansas · 1894
- American Exchange National Bank v. Metropolitan National BankMissouri Court of Appeals · 1897
14 more not listed; retrieve them via the Exa API.