Baldwin's Bank of Penn Yan v. Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was negligent; its negligence resulted in its failure to receive the money on the note and in the defendants suffering damage in the amount thereof. (Shipsey v. Bowery Nat. Bank, 59 N. Y. 485; Smith v. Miller, 43 N. Y. 171.) The Watkins hank was the agent…
1DissentCollin, J.
The action is to recover upon a promissory note owned by the plaintiff, a corporation, and made by the defendants as partners under the firm name of A. L. Smith and Son. The note was payable at “Farmers and Merchants’ Bank,” which was the firm name of three persons conducting, as partners, a banking business at Watkins, N. Y., with whom the defendants had then and through many prior years a general account as depositors and customers. On or before December 12, 1910, the due date of the note, the banking firm received by mail from the plaintiff the note for collection and remittance,— the…
2Cases cited46 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
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