Martin v. Home Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Home Bank, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 8th day of May, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 8th day of March, 1898, denying the defendant’s motion for a new trial made upon the minutes, and granting the plaintiffs’ motion for an extra allowance.
1Opinion of the Court
Rumsey, J.:
In the month of May, 1893, William Campbell, who was doing business under the name of William Campbell & Co., had an account with the defendant, a bank in the city of New York. On that day Mr. Campbell received from one Alfred Peats upon an *500indebtedness due from him, Peats’ cheek, dated that day, drawn upon Herman Scliaffner & Co., of Chicago, 111., for $4,925. This check was payable to the 'order of E. S. Ballou, and was by him indorsed to the order of William Campbell & Co. The twenty-seventh of May was Saturday and the check was given to Campbell after banking hours on that day.…
2Cases cited5 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Carroll v. . SweetNew York Court of Appeals · 1891
- Talbot v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1880
- Lake v. Artisans' BankNew York Court of Appeals · 1867
3Cited by1 opinion
- Richardson Grain Separator Co. v. East Hennepin State BankSupreme Court of Minnesota · 1919