North British & Mercantile Insurance v. Merchants' National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Merchants’ National 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 31st day of May, 1912, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
McLaughlin, J.:
In addition to the facts set forth in the opinion of Mr. Justice Hotchkiss, it should be stated that for some time prior to August 1, 1907, and during all of the time covered by the transactions here involved, the defendant, by the course of dealings between the parties, kept an account of all moneys received and paid out on checks, and on or about the first day of each month made a detailed statement of all deposits and payments during the preceding month and delivered it, with the checks and pass book, to the plaintiff. The checks in question here were paid between the 1st of…
2Cases cited5 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
- Dana v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1882
- First National Bank v. American Exchange National BankNew York Court of Appeals · 1902
- First National Bank v. American Exchange National BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by16 opinions
- McCornack v. Central State BankSupreme Court of Iowa · 1926
- Merchants Nat. Bk. v. Continental Nat. Bk.California Court of Appeal · 1929
- Matteawan Manufacturing Co. v. Chemical Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Atwell v. Mercantile Trust Co.California Court of Appeal · 1928
- Maryland Casualty Co. v. Central Trust Co.New York Court of Appeals · 1948
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