Legal Opinion

Consolidated National Bank v. First National Bank

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1908PublishedCited by 19 opinions

Appeal by the defendant, the First National Bank of Middle-town, New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 23d day of May, 1907, upon the decision of the court rendered after a trial at the Orange Special Term.

1Opinion of the Court

Hooker, J.:

While the facts in this case are a little unusual, I see no difficulty in the application of one or two very plain principles of law which have been long established.

The facts are not in dispute. Davies & Co., a corporation, on the 8th day of September, 1904, drew its check for $150 in New York city upon the defendant bank to its own order, indorsed it and obtained the money thereon from the plaintiff bank. The plaintiff forwarded the check for collection to its Albany correspondent, the Albany Trust Company, which forwarded it to the defendant, by which it was received on…

2Cases cited2 opinions

  1. Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
  2. Pratt v. . FooteNew York Court of Appeals · 1854

3Cited by19 opinions

  1. Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
  2. Sokoloff v. National City BankNew York Court of Appeals · 1928
  3. Hunt v. Security State BankOregon Supreme Court · 1919
  4. In re Jayne & MasonNew York Supreme Court · 1931
  5. Oregon Iron & Steel Co. v. Kelso State BankWashington Supreme Court · 1924

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