Burroughs v. Tradesmen's Nat. Bank
New York Supreme Court
Appeal from circuit court, Kings county. Action by William H. Burroughs against the Tradesmen’s National Bank of the City of New York to recover damages for the failure of defendant to pay, on presentation, a check drawn by plaintiff on defendant. A verdict was rendered in favor of plaintiff for 34 cents, and from the judgment entered thereon in favor of defendant for the sum of $109.39 costs, less the amount of the verdict, plaintiff appeals.
1Opinion of the CourtDykman, J.
This suit is brought to recover damages for the failure of the bank to pay, on presentation, a check drawn by the plaintiff against his account kept with it. There is no charge in the complaint of any willful or wrongful act on the part of the defendant, and there is no allegation of special damages. The plaintiff is therefore confined to the recovery of such damages as the proof shows were sustained.
The contract which the law implies between a bank and its depositor is that the bank will hold the funds, and pay them out according to the order of the depositor. A failure in the performance of…
2Cases cited1 opinion
- Citizens' National Bank of Davenport v. Importers & Traders' BankNew York Court of Appeals · 1890
3Cited by8 opinions
- First Nat. Bank v. StewartSupreme Court of Alabama · 1920
- Third Nat. Bank of St. Louis v. OberCourt of Appeals for the Eighth Circuit · 1910
- Wildenberger v. Ridgewood National BankNew York Court of Appeals · 1921
- T. B. Clark Co. v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1903
- Burt v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1911
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