Dickerson v. . Wason
New York Court of Appeals
Appeal from judgment entered upon order of the General Term of the Supreme Court in the first judicial district, overruling plaintiffs’ exceptions, and ordering judgment upon verdict in favor of defendants. On the 21st of July, 1863, plaintiffs were the owners of a promissory note, made by E. P. Myers, of Cleveland, for $316.45, payable to the order of L. A. Carmer, and by him indorsed in blank.
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Appeal from judgment entered upon order of the General Term of the Supreme Court in the first judicial district, overruling plaintiffs’ exceptions, and ordering judgment upon verdict in favor of defendants. On the 21st of July, 1863, plaintiffs were the owners of a promissory note, made by E. P. Myers, of Cleveland, for $316.45, payable to the order of L. A. Carmer, and by him indorsed in blank. This note matured Aug. 21, 1863. On the 21st July, plaintiffs indorsed the note, and deposited it with Yan Saun & Son, in Mew York city, for collection. On the next day, Yan Saun & Son sent it in a…
1Opinion of the CourtFolger, J.
The plaintiffs never in fact parted with the ownership of the note to Van Saun & Son; but, by their indorsement of it, they did give the apparent title of it to Van Saun & Son. It is the law in this State that where persons in the business of banking and collecting send to their correspondents or agents, in the regular course of business of receiving and sending notes between them for collection for mutual account, business paper received from customers for collection, the agent or correspondent acquires no better title to it or to its proceeds than was owned hy the one transmitting it,…
2Cases cited3 opinions
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Scott v. . the Ocean Bank in the City of New YorkNew York Court of Appeals · 1861
- Commercial Bank of Clyde v. Marine BankNew York Court of Appeals · 1867
3Cited by27 opinions
- National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
- Manufacturers' National Bank v. Continental BankMassachusetts Supreme Judicial Court · 1889
- Lusk Development & Improvement Co. v. GiintherWyoming Supreme Court · 1925
- Shipsey v. . Bowery National BankNew York Court of Appeals · 1875
- Stein v. Empire Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
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