Pattison v. . Syracuse National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 17 Hun, 419.) This action was brought to recover the value of certain negotiable railroad bonds, alleged to have been deposited, for safe keeping, by plaintiff with defendant, a banking corpora» tian organized under the national banking act, and which defendant refused to deliver up on demand. The answer denied that the bonds were deposited with defendant,…
1Opinion of the CourtRapallo, J.
The leading point made by the appellant is, that a bank organized under the national banking act (Laws of U. S., 1864, chap. 106) has no authority to receive • special deposits of securities, etc., for safe-keeping, and that consequently the defendant incurred no liability by the receipt by its teller of the package deposited by the plaintiff, and cannot be held responsible lor its loss, even though the" teller in receiving the deposit assumed to act in behalf of the bank, in accordance with its practice, and did so with the knowledge of its managers, and the loss occurred through gross…
2Cases cited7 opinions
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Third National Bank v. BoydCourt of Appeals of Maryland · 1876
- Tracy v. WoodU.S. Circuit Court for the District of Rhode Island · 1822
- Wiley v. First National BankSupreme Court of Vermont · 1875
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3Cited by26 opinions
- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- State v. BickfordNorth Dakota Supreme Court · 1913
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Merchants National Bank v. GuilmartinSupreme Court of Georgia · 1892
- Fogg v. TylerSupreme Judicial Court of Maine · 1912
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