Legal Opinion

St. Louis & San Francisco Railway Co. v. Johnston

Supreme Court of the United States

Decided March 3, 1890No. 41PublishedCited by 138 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. For more than five years prior to the 6th day of May, 188J, the St. Louis and San Francisco Railway Company had an account with the Marine National Bank of the city of New York.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. For more than five years prior to the 6th day of May, 188J, the St. Louis and San Francisco Railway Company had an account with the Marine National Bank of the city of New York. On the 5th day of May of that year it drew a sight draft on the Atchison, Topeka and Santa Fé Railroad Conn pany at Boston, Massachusetts, payable to the order of the Marine Bank, for the sum of $17,835, an amount due from the latter company, and sent the same to the Marine Bank with a deposit ticket filled üp by the assistant…

1Opinion of the CourtChief Justice Fuller

This was not the deposit of a check on the Marine Bank itself. In such a case it was held in Oddie v. National City Bank, 45 N. Y. 735, that the check, if received and credited, could not be charged back for want of funds. Nor was it a check on another, bank, as to which Church, C. J., remarks, a different principle would be applied, as the presumption of agency 'might arise. It was a sight draft drawn by the San Francisco Company on .its debtor in Boston, and collected through the Marine Bank’s correspondent at that place. Neither it, nor the money collected upon it, passed into the hands of…

2Cases cited17 opinions

  1. Martin v. WebbSupreme Court of the United States · 1884
  2. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  3. Bank of the Republic v. MillardSupreme Court of the United States · 1870
  4. Cragie v. . HadleyNew York Court of Appeals · 1885
  5. Harding v. WheatonSupreme Court of the United States · 1826

12 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
  2. Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
  3. Isbrandtsen-Moller Co. v. United StatesSupreme Court of the United States · 1937
  4. Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
  5. Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913

133 more not listed; retrieve them via the Exa API.

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