Gilman v. First Nat. Bank
New York Supreme Court
Appeal from circuit court, New York county. Action by Winthrop S. Gilman and another against the First National Bank of the City of New York to recover the amount of a draft paid by mistake. The complaint was dismissed on the trial before a jury, and plaintiffs’ exceptions were ordered to be heard in the first instance at general term.
1Opinion of the CourtPatterson, J.
This is an appeal from a judgment entered on the dismissal of the complaint at circuit. The action was brought to recover back a sum of money which the plaintiffs claim was paid by mistake on a draft or bill of exchange presented to them by the defendant, and paid, on the 10th day of February, 1891. There is no dispute as to the facts, which are, in brief, that a Mrs. Cockran, living at Cadiz, in Ohio, deposited for collection with a bank located and doing business at that place a bond of a Kansas township. That bond was sent by the Ohio bank to a Kansas bank, which collected its amount on…
2Cases cited1 opinion
- Commercial Bank of Kentucky v. . VarnumNew York Court of Appeals · 1872