First National Bank v. Dowie
City of New York Municipal Court
Trial by the court without a jury. J. Over falser, at Bellefontaine, Ohio, drew his draft whereby he requested the defendant to pay to the order of R. Lamb, cashier, &c., the sum of $500. The payee sent' the draft to the plaintiff herein as agent for collection.
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Trial by the court without a jury. J. Over falser, at Bellefontaine, Ohio, drew his draft whereby he requested the defendant to pay to the order of R. Lamb, cashier, &c., the sum of $500. The payee sent' the draft to the plaintiff herein as agent for collection. The draft was presented to the defendant’s bookkeeper, who filled up a check on the New York National Exchange Bank in favor of the plaintiff for $500. The defendant signed the check, and his bookkeeper gave it to the messenger of the plaintiff, who in exchange for it gave him the draft. Shortly after the delivery of the check the…
1Opinion of the Court
McAdam, Ch. J.
The surrender of the draft was in the first instance a good consideration for the check, but the action of the plaintiff, when it was informed of the defendant’s mistake and act, destroyed the effect of the exchange made. The plaintiff acquiesced in' the defendant’s claim' that he had made a mistake, and consented to rectify it if he would return the draft. The defendant thereupon returned the draft, and the acceptance of it effectually rescinded what had previously been done (Coon v. Reed, 1 Hilt. 511; Collins v. Brooks, 20 How. Pr. 32). The giving of the check did not pay the…
2Cases cited2 opinions
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Coon v. ReedNew York Court of Common Pleas · 1857