Whiting v. . City Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment upon an order non-suiting plaintiffs upon trial. This action was brought to recover damages for alleged negligence ,on the part of defendant, in omitting to charge an indorser of a promissory note sent by plaintiffs to defendant for collection.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment upon an order non-suiting plaintiffs upon trial. This action was brought to recover damages for alleged negligence ,on the part of defendant, in omitting to charge an indorser of a promissory note sent by plaintiffs to defendant for collection. The note in question was made by R. L. Underhill, who resided at Rochester, payable to the order of H. S. McEntee, at defendant’s bank, and was indorsed…
1Opinion of the CourtRapallo, J.
Had the bank not treated the note as paid, and had it not remitted to the plaintiffs a draft for the proceeds, but had it simply sent notice of non-payment to the indorser on the sixth of July, it would hardly be pretended that it had not performed its duty and legally charged the indorser. It was not necessary to make any demand for payment of the note as it was payable at the same bank to which it was remitted for collection, and the funds not being there to meet it all that was necessary to be done was to notify the indorser of the non-payment. This notice having been sent on the next…
2Cases cited3 opinions
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Wright v. . HookerNew York Court of Appeals · 1854
- The Farmers' Bank of Bridgeport v. . VailNew York Court of Appeals · 1860
3Cited by8 opinions
- Canterbury v. Bank of SpartaWisconsin Supreme Court · 1895
- Kirkham v. . Bank of AmericaNew York Court of Appeals · 1900
- Manufacturers' National Bank v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Forrest v. FuchsNew York Supreme Court · 1984
- Deininger v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
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