Corn Exchange Bank v. Farmers' National Bank of Lancaster
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of defendants entered on a decision of the court on trial without a jury. This action was brought upon a draft drawn by defendant, payable to plaintiff’s order, payment of which was refused by the bank. The material facts are stated in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of defendants entered on a decision of the court on trial without a jury. This action was brought upon a draft drawn by defendant, payable to plaintiff’s order, payment of which was refused by the bank. The material facts are stated in the opinion. The defendant cannot set up the claim of a third party, where it is not affected by such claim. (City Bank v. Perkins, 29 N. Y. 554; McKay v. Draper, 27 id. 256; Aubery v.…
1Opinion of the Court
Follett, Ch. J.
In July, 1884, Mary C. Melson resided at Lancaster, Pa., where the Farmers’ FTational Bank, of Lancaster, was located, with which she kept an account. July 9, 1884, she drew a check on this bank for $1,871.84, payable to John J. Cameron, or order, and mailed it to him at Indianapolis, Ind., who, July 15, 1884, indorsed it in blank and delivered it to a firm of private bankers doing business at Indianapolis, under the name of “Harrisons’ Bank.” The check, though indorsed in blank, was in fact delivered and received for the purpose of collection only. The Corn Exchange Bank was…
2Cases cited4 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
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- McKay v. . DraperNew York Court of Appeals · 1863
3Cited by7 opinions
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Bank of Clarke County v. GilmanNew York Supreme Court · 1894
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Gilpin v. Columbia National BankNew York Court of Appeals · 1917
- Castle v. Corn Exchange BankNew York Supreme Court · 1894
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