Gregg & Co. v. Beane
Supreme Court of Vermont
Generar Assumpsit. Pleas, tbe general issue, payment and notice of special matter. Trial by court at the June Term, 1895, Addison County, Ross, C. J., presiding. There was nothing to prevent the plaintiffs’ sending the check directly, as the law requires; in which case it would have been paid. They chose to send it circuitously, through three intermediate banks, at a loss of three or more days, one at least of which was vital.
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Generar Assumpsit. Pleas, tbe general issue, payment and notice of special matter. Trial by court at the June Term, 1895, Addison County, Ross, C. J., presiding. There was nothing to prevent the plaintiffs’ sending the check directly, as the law requires; in which case it would have been paid. They chose to send it circuitously, through three intermediate banks, at a loss of three or more days, one at least of which was vital. There was a lack of due diligence and the loss should fall on the plaintiffs. . Purcell v. Allemong, 22 Gratt. (Ya.) 739; Smith v. Miller, 43 N. Y. 171; 2 Morse on…
1Opinion of the CourtMunson, J.
The plaintiffs claim to recover the amount of a check drawn in their favor by the defendant on S. M. Dorr’s Sons, private bankers at Bristol, Yt., and mailed them in payment of an indebtedness. The check was received by the plaintiff's at their place of business in Trumansburg, N. Y., on the ninth of August, and was forwarded on the same day to the First National Bank of Ithaca, N. Y., for collection. On the tenth of August the *25bank at Ithaca mailed the check for collection to its reserve agent, the Fourth National Bank of New York City. This bank received it on the eleventh of August, and on…
2Cases cited4 opinions
- Holmes v. RoeMichigan Supreme Court · 1886
- First National Bank v. MillerNebraska Supreme Court · 1893
- First National Bank v. Buckhannon BankCourt of Appeals of Maryland · 1895
- Gifford v. HardellWisconsin Supreme Court · 1894
3Cited by3 opinions
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Whitehead v. WhiteheadSupreme Court of Vermont · 1911
- Richardson Grain Separator Co. v. East Hennepin State BankSupreme Court of Minnesota · 1919