Corn Exchange Bank v. Farmers' National Bank of Lancaster
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of defendants entered on a decision of the court on trial without a jury. This action was brought upon a draft drawn by defendant, payable to plaintiff’s order, payment of which was refused by the bank. The material facts are stated in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of defendants entered on a decision of the court on trial without a jury. This action was brought upon a draft drawn by defendant, payable to plaintiff’s order, payment of which was refused by the bank. The material facts are stated in the opinion. The defendant cannot set up the claim of a third party, where it is not affected by such claim. (City Bank v. Perkins, 29 N. Y. 554; McKay v. Draper, 27 id. 256; Aubery v.…
1DissentBradley, J.
I am unable to concur with the majority of the court in the result or reasons given for it.
The check drawn by Mrs. Melson on the defendant was indorsed in blank by Cameron, the payee, and left with the Harrisons, the Indianapolis bankers, for collection. They indorsed it to the plaintiff’s cashier for collection, and sent the check to the plaintiff, their correspondent in the city of Mew York, and the latter in like manner indorsed it to the cashier of the defendant, and sent the check to him with directions to remit to the plaintiff its proceeds in Mew York city funds. This was received by…
2Cases cited12 opinions
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- White v. National BankSupreme Court of the United States · 1881
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
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