Eastman Kodak Co. v. National Park Bank
District Court, S.D. New York
In Equity. Suit by the Eastman Kodak Company against the National Park Bank and others. On motion to dismiss. This is a motion to dismiss a bill in equity, of which the following is an analysis: The plaintiff is the purchaser from the defendant Kodak, Limited, of a draft or check drawn upon the National Park Bank and in favor of the Bankers’- Trust Company, to the account of the plaintiff. The drawer was one Alfred Edward Berthoud, a subject of Great Britain.
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In Equity. Suit by the Eastman Kodak Company against the National Park Bank and others. On motion to dismiss. This is a motion to dismiss a bill in equity, of which the following is an analysis: The plaintiff is the purchaser from the defendant Kodak, Limited, of a draft or check drawn upon the National Park Bank and in favor of the Bankers’- Trust Company, to the account of the plaintiff. The drawer was one Alfred Edward Berthoud, a subject of Great Britain. The defendant Kodak, Limited, paid Berthoud for the draft, received it, and sent it by mail to the Bankers’ Trust Company. This took…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] It is not necessary to cite authorities for the rule that the execution and delivery of a check effects no assignment of the fund, because that is now provided by section 325 of the Negotiable Instruments Law. The plaintiff claims to have established a collateral agreement taking this case out of that rule. Courts have no doubt often *323gone to some lengths to interpret the surrounding circumstances as indicating an agreement to assign, but in no case like this, when the check was neither upon a specific fund nor for the whole amount of the fund. The only…
2Cases cited12 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Cook v. . ConnersNew York Court of Appeals · 1915
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Muller v. . KlingNew York Court of Appeals · 1913
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3Cited by7 opinions
- Sneider v. Bank of ItalyCalifornia Supreme Court · 1920
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- El Dorado National Bank v. Butler County State BankSupreme Court of Kansas · 1926
- In re GubelmanCourt of Appeals for the Second Circuit · 1926
- South Carolina Nat. Bank of Charleston v. McCandlessCourt of Appeals for the Fourth Circuit · 1930
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