Niagara Woolen Co. v. Pacific Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pacific Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk-of the county of New York on the 19th day of July, 1909, upon the report of a referee.
1DissentScott, J.
I dissent for the reasons given by me for my dissent in Havana Central R. R. Co. v. Knickerbocker Trust. Co. (135 App. Div. 313, 320). While the reversal of that case in the Court of Appeals proceeded upon a different ground from any which was discussed in this court, yet that fact does not necessarily imply a disagreement with the views that I had expressed. As I then pointed out, in all the cases relied upon to sustain the rule which it is proposed to apply in this case there has been present the important fact, which is absent here, that the bank or individual to whom the diverted money…
2Cases cited4 opinions
- Batchelder v. Central National BankMassachusetts Supreme Judicial Court · 1905
- Havana Central Railroad v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Martin v. Kansas National BankSupreme Court of Kansas · 1903
- Rhinehart v. New Madrid Banking Co.Missouri Court of Appeals · 1903