Streissguth v. National German-American Bank
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried by Brill, J., who found the facts substantially as follows: During more than five years next before suit brought the defendant (a national bank) was accustomed to receive from its customers (including plaintiffs) for collection, and to collect for them, all drafts and checks left with it for collection, and, in collecting from persons living at remote places, to send them…
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Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried by Brill, J., who found the facts substantially as follows: During more than five years next before suit brought the defendant (a national bank) was accustomed to receive from its customers (including plaintiffs) for collection, and to collect for them, all drafts and checks left with it for collection, and, in collecting from persons living at remote places, to send them to its correspondents at or near such places. On November 13, 1888, plaintiffs deposited with defendant for collection…
1Opinion of the CourtCollins, J.
The single question presented by this appeal is whether a bank with which a customer has left for collection his draft upon a party residing at some distant point can be held responsible for the failure and default of a correspondent to whom the bank has forwarded the draft for collection. It must be admitted that there is apparently a great conflict of precedents upon this precise question, and it is possible that, as contended by the appellant, the weight of the authorities, numerically speaking, is with the proposition that when, under such circumstances, a bank has exercised ordinary care…
2Cases cited6 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- Simpson v. WaldbyMichigan Supreme Court · 1886
- Tyson v. State Bank of IndianaIndiana Supreme Court · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bailie v. Augusta Savings BankSupreme Court of Georgia · 1895
- Thain v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
- Victory Carriers, Inc. v. United StatesUnited States Court of Claims · 1972
- Hommerberg v. State Bank of SlaytonSupreme Court of Minnesota · 1927
- Semingson v. Stock Yards National BankSupreme Court of Minnesota · 1925
11 more not listed; retrieve them via the Exa API.