Cohen v. First National Bank of Nogales
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Santa Cruz. W. A. 0’Connor, Judge. STATEMENT OF FACTS. An unusually full statement of facts is essential to an understanding of this case.
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APPEAL from a judgment of the Superior Court of the County of Santa Cruz. W. A. 0’Connor, Judge. STATEMENT OF FACTS. An unusually full statement of facts is essential to an understanding of this case. They are substantially as follows: On August 6,1919, Henry Cohen sent by mail, from his place of residence, Culiacan, Mexico, to the First National Bant of Nogales, situated at Nogales, Arizona, a check on said bank for $3,567.50, payable to his order and drawn by Octavo Gaxiola. The check was indorsed by Cohen, “Pay to the order of First National Bank of Nogales.” In the letter inclosing the…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above.)— This is an appeal from a judgment of the superior court of Santa Cruz county, in favor of the bank. The action is to recover the sum of $3,567.50, claimed to have been on deposit with the bank, to the credit of the plaintiff.
While the facts in the case, as will be observed from the foregoing statement, are a little unusual, we see no difficulty in the application of one or two very plain principles of law which have been long established.
*400The natural and obvious meaning of the language used in the notice which the bank sent to the plaintiff, through the…
2Cases cited16 opinions
- Burton v. United StatesSupreme Court of the United States · 1905
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- American Nat. Bank of Nashville v. MillerSupreme Court of the United States · 1913
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
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3Cited by27 opinions
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- Fine v. Harney County National BankOregon Supreme Court · 1945
- Magness v. Equitable Trust Co.Court of Appeals of Maryland · 1939
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