Indig v. . National City Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and granting a new trial. (Reported below, 16 Hun, 200.) This action was brought to recover the amount of a promissory note, deposited with defendant by plaintiff for collection, which amount, it was alleged, was lost through defendant’s negligence.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and granting a new trial. (Reported below, 16 Hun, 200.) This action was brought to recover the amount of a promissory note, deposited with defendant by plaintiff for collection, which amount, it was alleged, was lost through defendant’s negligence. The note was so deposited December 21, 1877; it was for $1,000, payable at the Bank of Lowville to the order of the maker, and was indorsed by him..…
1Opinion of the CourtBapallo, J.
The note which was placed by the plaintiff in the hands of the defendant for collection was payable at the Bank of Lowville, and it was consequently the duty of-the defendant to present it to that bank for payment. The first question which arises in the case is whether the defendant was guilty of any negligence in the manner of presentment, from which the plaintiff sustained damage. It must be borne in mind that- there were no indorsers on the note and that all that was to be done was to demand payment. The defendant instead of sending the note to an agent or correspondent at Lowville for…
2Cases cited6 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Caldwell v. CassidyNew York Supreme Court · 1828
- Turner v. Bank of Fox LakeNew York Court of Appeals · 1867
- Shipsey v. . Bowery National BankNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Nineteenth Ward Bank v. First National BankMassachusetts Supreme Judicial Court · 1903
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
33 more not listed; retrieve them via the Exa API.