Heidelbach v. National Park Bank
New York Supreme Court
Appeal from special term, New York county. Action by Alfred S. Heidelbach, as the survivor of Heidelbach, Ickelheimer & Co., against the National Park Bank of New York. Judgment for $2,161.03 was entered in favor of plaintiff, and defendant appeals.
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Appeal from special term, New York county. Action by Alfred S. Heidelbach, as the survivor of Heidelbach, Ickelheimer & Co., against the National Park Bank of New York. Judgment for $2,161.03 was entered in favor of plaintiff, and defendant appeals. The plaintiff’s firm, on the 21st day of July, 1887, opened a credit of £10,000’ sterling with C. J. Hambro & Son, who were their correspondent bank in London, in favor of E. S. Wheeler, under his firm name of E. S. Wheeler & Go., the credit to be used for the purchase of merchandise in Europe. Thereafter, under said credit, Wheeler purchased in…
1Opinion of the CourtParker, J.
Under the terms of the trust receipt the plaintiff’s firm were the owners of the merchandise sold to the Hall & Willis Hardware Company, and were entitled to the proceeds. If the defendant had knowledge of plaintiff’s firm’s ownership when it received the draft from Wheeler and credited his account therewith, plaintiff’s right to recover the full amount would not be questioned. But it is not pretended that the bank had any notice at the time it discounted the draft, on August 27th, or at any time thereafter prior to September 7th, that Wheeler was not the owner of the tin plates, or *797that any…
2Cases cited11 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Conrow v. . LittleNew York Court of Appeals · 1889
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Moller v. . TuskaNew York Court of Appeals · 1881
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3Cited by10 opinions
- Sweet v. Montpelier Savings Bank & Trust Co.Supreme Court of Kansas · 1904
- Cotner v. Lon Jacobs Grocery Co.Supreme Court of Oklahoma · 1921
- Harris v. PearsallNew York Supreme Court · 1921
- Tyler County State Bank v. ShiversCourt of Appeals of Texas · 1926
- Appleton v. National Park BankNew York Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.