Legal Opinion

First Nat. Bank of Jersey City v. . Leach

New York Court of Appeals

Decided April 1, 1873PublishedCited by 51 opinions

1Opinion of the Court

The defendant drew the check in controversy, it was discounted by the plaintiff, and on the day it was due it was presented by plaintiff to the drawee, the Ocean Bank, for certification, was certified as good, and in the afternoon of the same day was presented for payment, which was refused, because between the time of its certificate and its second presentment the drawee, the Ocean Bank, had failed and gone into the hands of a receiver. Did this certification operate as a payment of the check as between these parties?

The theory of the law is, that where a check is certified to be good by a…

2Cases cited2 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Smith v. . MillerNew York Court of Appeals · 1870

3Cited by51 opinions

  1. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  2. National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
  3. Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
  4. Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
  5. Born v. First National BankIndiana Supreme Court · 1890

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