Spurway v. Frick Co.

HUTCHESON, Circuit Judge.

Appellee wrote the City National Bank in Miami: “We enclose for collection our No. 3172 for $350.71. 'Proceeds may be remitted by cashier’s check, certificate of deposit, or New York, Philadelphia or Chicago exchange.” The bank on December 15 collected the note by taking a cheek on itself from the maker, one of its customers. On December 18, as directed in appellee’s forwarding letter, it remitted by New York exchange on the Chemical Bank & Trust Company of New York. This draft was by the Chemical Bank refused when presented, on the ground that the Miami Bank had…