Citizens' National Bank of Davenport v. Importers & Traders' Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 10, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 10, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was brought by the plaintiff, a bank in the state of Iowa, to recover against the defendant, a bank in Hew York city, on the ground of the non-payment of certain drafts or hills of exchange, which plaintiff had drawn upon the defendant in favor and to the order of Wadsworth & Co. The complaint alleges, in ten counts, the making and delivery of the…
1Opinion of the CourtGray, J.
The form of the complaint is' perhaps, technically, open to a criticism that it seems to ground the action upon the drafts themselves, and, therefore, makes it one to recover plaintiff’s deposits. Such a cause of action has not accrued to the plaintiff at all, upon the facts in this record. The cause of action, which is stated to have accrued to plaintiff, -was for the refusal of the defendant to honor the plaintiff’s drafts upon it. The contract between the two banks, as implied by law, was that the amount of funds standing to the credit of the plaintiff bank on the defendant’s books should…
2Cases cited4 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Viets v. . Union National Bank of TroyNew York Court of Appeals · 1886
- Bank of British North America v. Merchants' National BankNew York Court of Appeals · 1883
3Cited by24 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Standard Steam Specialty Co. v. Corn Exchange BankNew York Court of Appeals · 1917
- Wood v. American National BankSupreme Court of Virginia · 1902
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
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