Oddie v. . the Nat. City Bank of New York
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment entered on the report of a referee, in favor of the plaintiffs, for $19,457.91. The findings of fact were as follows : The defendants, at the times and dates hereinafter mentioned, were a banking corporation, doing business at the city of Mew York, where their banking house is situated.
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Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment entered on the report of a referee, in favor of the plaintiffs, for $19,457.91. The findings of fact were as follows : The defendants, at the times and dates hereinafter mentioned, were a banking corporation, doing business at the city of Mew York, where their banking house is situated. The plaintiffs kept their bank account with the defendants, making large and numerous deposits, and drawing numerous checks daily. For the purpose of accommodating the plaintiffs, their…
1Opinion of the Court
Chuboh, Oh. J.
The referee found that, about five minutes before two o’clock, the plaintiffs delivered "to the- receiving teller of the defendants, for deposit, the check in question, which was drawn by a customer of the defendants upon them, and that the receiving teller entered it on the deposit ticket of the plaintiffs. These facts are sufficient to sustain the conclusion of the referee, that the defendants paid the check by receiving it as a deposit of money from the plaintiffs, and it is not material whether this is to be regarded as a conclusion .of fact or of law, or whether it is…
2Cases cited4 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Pratt v. . FooteNew York Court of Appeals · 1854
- Sweet v. . BarneyNew York Court of Appeals · 1861
- Hollister v. Hollister BankNew York Court of Appeals · 1865
3Cited by86 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
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