National Park Bank of New York v. Seaboard Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 14, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of .the court on trial without a jury. On the 7th of July, 1885, the First National Bank of Wallingford, Connecticut, drew on the plaintiff a draft in the usual form, for the sum of $8, payable to the order of one Frank Saxton, and delivered the same to him.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 14, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of .the court on trial without a jury. On the 7th of July, 1885, the First National Bank of Wallingford, Connecticut, drew on the plaintiff a draft in the usual form, for the sum of $8, payable to the order of one Frank Saxton, and delivered the same to him. Subsequently, but prior to July 15, 1885, said draft was raised from $8 to $1,800, and on that day said Saxton indorsed it in…
1Opinion of the CourtVann, J.
When the draft in question was paid by the plaintiff under a mistake of fact, the defendant either owned it or simply held it for collection as the agent of the Eldred Bank. If the defendant had then owned the draft it would have become liable, upon discovery of the facts, to refund the amount mispaid, provided its condition had not in the meantime changed so that this would be unjust. (Nat. Bk. of Commerce v. Nat. Mechanics' Banking Assn., 55 N. Y. 211; White v. Continental Nat. Bk., 64 id. 316.) If, however, the defendant did not then own the draft, but merely pre^ sented it for payment as…
2Cases cited9 opinions
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Allen v. CulverNew York Supreme Court · 1846
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Scott v. . the Ocean Bank in the City of New YorkNew York Court of Appeals · 1861
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3Cited by41 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
36 more not listed; retrieve them via the Exa API.