Kirkham v. . Bank of America
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1898, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1898, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term, and granting a new trial. The complaint sets forth the receipt, on October 25, 1890, from one Blanchard of a sight draft for S3,120, drawn by the Interstate Investment Company upon the Bank of South Hutchinson, Kansas, and its deposit by the plaintiff with the defendant for.collection; that the defendant forwarded it to its agent, the Boatmen’s Bank of St. Louis,…
1Opinion of the CourtGray, J.
The facts, which were either proved without dispute, or were conceded, raised the question of law whether the defendant had made itself liable to the demand of the plaintiff in the amount of the draft deposited with it for collection. The determination, which was made by the court, at Special Term, in favor of the defendant, has been reversed by the Appellate Division solely upon the law. The view of that learned court was that, as between the defendant and the drawee of the draft in collection, the receipt of the check of the latter was a payment of the draft and that the crediting by the…
2Cases cited4 opinions
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Clark v. . the Merchants' BankNew York Court of Appeals · 1849
- Whiting v. . City BankNew York Court of Appeals · 1879
3Cited by8 opinions
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- Jaffe v. WeldAppellate Division of the Supreme Court of the State of New York · 1913
- In re NorthrupDistrict Court, N.D. New York · 1907
- City National Bank v. Cooper & GriffinSupreme Court of South Carolina · 1912
- Albert v. State BankAppellate Terms of the Supreme Court of New York · 1912
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