Graves v. . the American Exchange Bank
New York Court of Appeals
Appeal from the Supreme Court. The complaint was for the conversion by the defendant, a banking corporation doing business in the city of New-York, of a bill of exchange dated Oct., 38, 1854, drawn upon the defendant by H. J. Miner a banker at Fredonia, Chautauque county, for the sum of $242.78 payable to Charles F. Graves or order at sight. The trial was at the Chautauque Circuit before Mr. Justice Bowen, a trial by jury having been waived.
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Appeal from the Supreme Court. The complaint was for the conversion by the defendant, a banking corporation doing business in the city of New-York, of a bill of exchange dated Oct., 38, 1854, drawn upon the defendant by H. J. Miner a banker at Fredonia, Chautauque county, for the sum of $242.78 payable to Charles F. Graves or order at sight. The trial was at the Chautauque Circuit before Mr. Justice Bowen, a trial by jury having been waived. The plaintiff proved that at the date of the draft Charles F. Graves, the payee therein, resided at Mendota in the State of Illinois. Harvey C. Hurd, who…
1Opinion of the CourtComstock, J.
Charles F. Graves of Mendota, Illinois, being the creditor of H. C. Hurd of Perrysburgh in the State of New-York, had directed the latter to send the amount of the debt to Mm in “ a check on the Marine Bank of Chicago or any other way that was safe.” It is quite clear that such a direction justified the debtor in procuring the draft now in question and sending it ,by mail to his creditor. It follows from this that the draft on being mailed properly addressed would become, the property of the creditor and that he would take the hazard of its safe transmission. There was a mistake however in…
2Cited by69 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
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