Carnegie Trust Co. v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The First National Bank of the City of New York, 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 28th day of June, 1912, upon the verdict of a jury rendered by direction of the court.
1Dissent
Laughlin, J. (dissenting):
It appears that from time to time prior to the 5 th day of January, 1911, the plaintiff “sent for collection ” to the German National Bank of Cincinnati, Ohio, checks or drafts drawn upon banks and individuals, which it is admitted by the pleadings had been received by the plaintiff and were owned by it, upon which said bank had collected on the day last mentioned the sum of $2,953.92, and, although it then had a deposit account with plaintiff with a balance to its credit in a much . larger amount, it drew its check therefor, under date of January 5, 1911, to the…
2Cases cited7 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- People v. St. Nicholas BankNew York Supreme Court · 1894
- Meuer v. Phenix National BankAppellate Division of the Supreme Court of the State of New York · 1904
- Meuer v. . Phenix National BankNew York Court of Appeals · 1905
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