Robb v. Ross County Bank
New York Supreme Court
APPEAL from an order made at a special term, dismissing the complaint with costs. The action was brought against the defendant, the Ross County Bank, in Ohilicothe, impleaded with others, as the indorser of a bill of exchange. The action was tried before Justice Clerke, at the New York circuit, without a jury.
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APPEAL from an order made at a special term, dismissing the complaint with costs. The action was brought against the defendant, the Ross County Bank, in Ohilicothe, impleaded with others, as the indorser of a bill of exchange. The action was tried before Justice Clerke, at the New York circuit, without a jury. The following facts were found by the justice: 1. That the plaintiffs were, at the times mentioned in the complaint, partners in business as bankers, trading under the name, style and firm of Robb, Hallett & Co., in the city of New York, and that Thomas L. Hallett, one of the…
1Opinion of the CourtSutherland, J.
This is a plain case for reversal. The judge who tried the action at the circuit found as a fact, and it was admitted on the trial, that the plaintiffs received the bill of exchange or draft, on which the action was brought, before it became due. There is no evidence or finding tending to show that the plaintiffs were not bona fide holders, for value. The presumption is, then, that they were. It was admitted on the trial, and found as a fact by the judge, that the defendant, “The Eoss County IBank,” was a corporation; that B. P. Kingsbury was its cashier; and that the words “B. P. Kingsbury,…
2Cases cited3 opinions
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
- Bank of New York v. Farmers' Branch of the State Bank of OhioNew York Supreme Court · 1862
3Cited by8 opinions
- Davenport v. StoneMichigan Supreme Court · 1895
- Smith v. LawsonWest Virginia Supreme Court · 1881
- Pratt v. Topeka BankSupreme Court of Kansas · 1874
- Donnell v. Lewis County Savings BankSupreme Court of Missouri · 1883
- In re Assignment of BankOregon Supreme Court · 1897
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