President, Directors of the Dorchester & Milton Bank v. President, Directors of the New England Bank
Massachusetts Supreme Judicial Court
This was an action of assumpsit, for the recovery of damages by the plaintiffs against the defendants, for not accounting for the proceeds of certain accepted bills of exchange, payable at Washington, in the District of Columbia, in six months from their respective dates, which had been received by the defendants from the plaintiffs, for collection. On the trial, in this court, before Wilde, J., the following facts appeared in evidence.
Read the full summary
This was an action of assumpsit, for the recovery of damages by the plaintiffs against the defendants, for not accounting for the proceeds of certain accepted bills of exchange, payable at Washington, in the District of Columbia, in six months from their respective dates, which had been received by the defendants from the plaintiffs, for collection. On the trial, in this court, before Wilde, J., the following facts appeared in evidence. On the part of the plaintiffs, it was proved, that the bills in question had been discounted by them, and left, at different times during the months of…
1Opinion of the CourtWilde, J.
*
This is an action of assumpsit; but the foundation of the plaintiffs’ claim is the alleged negligence of the defendants, in not collecting certain bills left with them for collection by the plaintiffs.
The defendants proved that they placed these bills in the hands of the Commonwealth Bank for collection, the same being payable in the city of Washington, where the defendants had no correspondents. This, the plaintiffs’ counsel contend, the defendants had no right to do, on the ground, that an agent has no right to delegate his authority to a sub-agent, without the assent of his. principal.…
2Cases cited3 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- S. & M. Allen v. Merchants BankNew York Supreme Court · 1836
3Cited by4 opinions
- Eastland v. ManeyCourt of Appeals of Texas · 1904
- Powell v. StateCourt of Criminal Appeals of Texas · 1917
- Spokane Valley State Bank v. LutesWashington Supreme Court · 1925
- Beach v. MoserCourt of Appeals of Kansas · 1896