Harley v. Eleventh Ward Bank
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court, entered upon the report of a referee appointed to hear and determine the issues.
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Appeal by the defendant from a judgment of this court, entered upon the report of a referee appointed to hear and determine the issues. The action was brought by the plaintiff, who had been a dealer and depositor with the defendant, to recover from it $885 alleged to be due as the balance unpaid of an account stated between the plaintiff and defendant of $3,168 95, made on May 8, 1875. The defendant answered that in the account stated the sum of $800 had been erroneously, and by a mutual mistake of the parties, credited to the plaintiff. The facts upon which the defendant sought to have this…
1Opinion of the CourtLarremore, J.
It appears from the testimony that plaintiff was a dealer and depositor of moneys with the defendant. That on November 12, 1872, he deposited with the bank for collection a sight draft for $800, drawn by him on one J. W. Martin, of Andover, Connecticut, who was indebted to plaintiff in excess of that amount. The defendant forwarded the draft to its correspondent and agent, the Yale National Bank at New Haven, Connecticut, which forwarded it to the Rockville National Bank in said State, which gave it to the Adams Express ’Company for collection. An agent of that company saw Martin as he was…
2Cases cited2 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- The New York and Harlem Railroad v. HawsNew York Court of Appeals · 1874