Riverside Bank v. First Nat. Bank of Shenandoah
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Error is assigned of the ruling of the trial judge in directing the jury to find a verdict for the defendant.
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In Error to the Circuit Court of the United States for the Southern District of New York. Error is assigned of the ruling of the trial judge in directing the jury to find a verdict for the defendant. The facts shown upon the trial were these: The defendant was the owner, through a purchase for value, and in duo course of business, of a promissory note dated May 2, 1887, made by Dieb-ler & Oo. to the order of and indorsed by Yuengling, and payable four months after date at the banking house of the plaintiff. The note was made merely for the accommodation of Yuengling. Shortly before maturity…
1Opinion of the CourtWallace, Circuit Judge
(after stating the facts as above). We are unable to discover any ground upon which the plaintiff was emitted to recover. The certification of the note by the plaintiff was an agreement to pay the amount, and the contract can no more be rescinded than could any other contract because one of the parties in malting it was under a misapprehension of fact. A note made» payable at a bank where the maker keeps an account is equivalent to a check drawn by him upon the bank; and the bank, if in funds, owes him a duty to pay it on presentation. Aetna Nat. Bank v. Fourth Nat. Bank, 46 N. Y. 88; Indig…
2Cases cited12 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
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3Cited by16 opinions
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Crocker-Woolworth National Bank v. Nevada BankCalifornia Supreme Court · 1903
- First National Bank v. Bank of Cottage GroveOregon Supreme Court · 1911
- American Nat. Bank of Nashville v. MillerCourt of Appeals for the Sixth Circuit · 1911
- Bradley Lumber Co. v. Bradley County BankCourt of Appeals for the Eighth Circuit · 1913
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