Legal Opinion

Montgomery County Bank v. . Albany City Bank

New York Court of Appeals

Decided December 5, 1852PublishedCited by 37 opinions

Appeal from the general term of the Supreme Court, in the fourth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed.

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Appeal from the general term of the Supreme Court, in the fourth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. (Reported below, 8 Barb. 397.) This was an action against the defendants to recover the amount of a draft for $1800, which the plaintiff had transmitted to the Albany City Bank for collection, on the ground of omission to charge the indorsers. •*It was shown, on the trial, before Watson, J., that the plaintiff was the owner, and holder for value, of a draft bearing date the 7th day of June 1848, drawn on Morgan Gray, No. 15 South…

1Opinion of the Court

The admissions by the pleadings, with the evidence given on the trial, show that the plaintiff was the owner and holder, for value of a draft bearing date the 7th day of June 1848, drawn on Morgan Gray number 15 South street New York, by Loucks Gray at Canajoharie, payable to the order of Jones Hart thirty days after date, for $1800, and endorsed by Jones Hart: that on the 6th day of July 1848 the plaintiff, by its cashier, endorsed the same for collection and transmitted it by mail to the Albany City Bank for that purpose, the latter being at that time its correspondent and agent for such…

2Cases cited3 opinions

  1. PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
  2. Denny v. Manhattan Co.New York Supreme Court · 1846
  3. Denny v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1846

3Cited by37 opinions

  1. Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
  2. National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
  3. Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
  4. Title Guarantee Trust Co. v. . HavenNew York Court of Appeals · 1915
  5. Cohen v. Tradesmen's National BankSupreme Court of Pennsylvania · 1918

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