Baldwin's Bank of Penn Yan v. Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was negligent; its negligence resulted in its failure to receive the money on the note and in the defendants suffering damage in the amount thereof. (Shipsey v. Bowery Nat. Bank, 59 N. Y. 485; Smith v. Miller, 43 N. Y. 171.) The Watkins hank was the agent…
1Opinion of the CourtMiller, J.
This is an action on a promissory note made by the defendants on the 11th day of August, 1910, payable to the order of W. N. Wise four months after date at the Farmers & Merchants’ Bank, Watkins, N. Y. The plaintiff became the holder of the note in due course and before maturity sent .it to the bank where it was made payable “for collection and remittance.” On the 19th day of December, 1910, seven days after the maturity of the note, said hank suspended without having remitted for the note, although during all of that time defendants had more than sufficient funds to their credit with it to…
2Cases cited22 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Cheney v. LibbySupreme Court of the United States · 1890
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
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3Cited by70 opinions
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- In re the Public AdministratorNew York Court of Appeals · 1955
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- Matter of DelaneyNew York Court of Appeals · 1931
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