Legal Opinion

Hutchinson v. President of Manhattan Co.

New York Court of Appeals

Decided October 6, 1896PublishedCited by 11 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of June, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the proceeds of a draft collected by the defendant banking corporation and alleged to be the property of the plaintiff. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of June, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the proceeds of a draft collected by the defendant banking corporation and alleged to be the property of the plaintiff. The facts, so far as material, are stated in the opinion. The title to the check and to the proceeds thereof passed to the Manhattan Company, and it was entitled to apply the same to the indebtedness of W. L.…

1Opinion of the CourtBartlett, J.

In the month of May, 1893, the plaintiff kept a deposit account with the firm of W. L. Patton & Co., bankers and brokers of the city of Hew York, and Patton & Co. were at the same time depositors with the defendant, The President and Directors of the Manhattan Company, a banking corporation also doing business in the city of Hew York. On the 4tli day of May, 1893,'the plaintiff deposited with Patton & Co. a draft drawn by the Interstate Mortgage Trust Co., of Greenfield, Massachusetts, on the Packard Hational Bank of the same place, dated May 3d, 1893, for $2,400.00, payable to the order of…

2Cases cited3 opinions

  1. Hatch v. Fourth National BankNew York Court of Appeals · 1895
  2. Agawam Bank v. . StreverNew York Court of Appeals · 1859
  3. Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881

3Cited by11 opinions

  1. McCoy v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  2. Kimmel v. BeanSupreme Court of Kansas · 1904
  3. First National Bank v. City National BankMissouri Court of Appeals · 1903
  4. National Fire Insurance Co. of Hartford v. SullardAppellate Division of the Supreme Court of the State of New York · 1904
  5. Kelley v. HitzigNassau County District Court · 1972

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