Clews v. Bank of New York National Banking Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and 'for the city and county of Few York, entered upon an order made Fovember 8, 1880, which, affirmed a judgment in favor of plaintiffs entered upon a verdict.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and 'for the city and county of Few York, entered upon an order made Fovember 8, 1880, which, affirmed a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 8 Daly, 476.) On the 6th of January, 1879, the Commercial Fational Bank of Chicago drew its draft upon the defendant, payable to the order of Wirt Dexter, for $254.50, and bearing this number: “Fo. 73,436.” On the 8th day of January, 1879, the defendant was advised by the Commercial Fational Bank that this draft had been so drawn. On the 15th of…
1Opinion of the CourtEarl, J.
The plaintiffs did not obtain lawful title to this check and therefore cannot enforce payment of it against the defendant unless it is in some way estopped from denying its liability to pay.
When the defendant certified the check to be good, it assumed a liability like that of an acceptor of a draft. By the certification it guarantied the genuineness of the drawer’s signature, and represented that it had funds of the drawer in its possession sufficient to meet the check, and it engaged that those funds should not be withdrawn from it by the drawer, to the prejudice of any bona fide holder of…
2Cases cited4 opinions
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Security Bank v. National Bank of the RepublicNew York Court of Appeals · 1876
3Cited by12 opinions
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- White v. . EisemanNew York Court of Appeals · 1892
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
- Rapp v. National Sec. Bank, Pennsylvania Court of Common Pleas, Philadelphia County1890
- Strauss v. American Exchange National Bank of New YorkAppellate Court of Illinois · 1897
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