Legal Opinion

&198tna National Bank v. . Fourth National Bank

New York Court of Appeals

Decided September 5, 1871PublishedCited by 116 opinions

Appeal from judgment of the late General Term of the first judicial district, affirming judgment entered upon report of referee in favor of plaintiff.

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Appeal from judgment of the late General Term of the first judicial district, affirming judgment entered upon report of referee in favor of plaintiff. The plaintiff recovered the amount of a promissory note for $5,000, made by “ The Florence Mills,” a manufacturing corporation, organized under the laws of, and doing business in, the State of Connecticut, dated December 2, 1867, and payable four months after date"at the defendant’s bank in New York, which had been discounted and was owned by the plaintiff at its maturity, under the following circumstances: The maker of the note kept an account…

1Opinion of the CourtAllen, J.

The plaintiff does not lay any stress upon the fact, that the money was loaned by it to the Florence Mills, to enable the latter corporation to pay the note which is the subject of this litigation. That transaction has no bearing upon the claim now made against the defendant. The plaintiff was the owner of the note, and but for the premium on the exchange, and the gain of a few days’ interest, which resulted from the discount of a new note, and- the sale of a bill on New York, to take up the one about to mature, the process of renewal would have been very simple; the-exchange of one note for…

2Cases cited4 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Kelly v. . RobertsNew York Court of Appeals · 1869
  3. Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
  4. Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845

3Cited by116 opinions

  1. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  2. Van Alen v. . American National BankNew York Court of Appeals · 1873
  3. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  4. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  5. Simson v. . BrownNew York Court of Appeals · 1877

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