First National Bank v. American Exchange National Bank
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, the American Exchange National Bank, for judgment upon the verdict of a jury rendered by direction of the court, subject to the opinion of the Appellate Division, on the loth day of March, 1899, after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the amount of a draft drawn by the First National Bank of Denver, Col., on the defendant, payable to the order of A. W. Hudson.
The complaint alleged the execution and delivery by the drawer of the draft to A. W. Hudson, the payee; the indorsement, for value, by him to the plaintiff; acceptance by defendant; presentation for and refusal of payment, and protest for non-payment.
The answer admitted the making of the draft, acceptance, and defendant’s subsequent refusal to pay. It denied the delivery to, and indorsement by, the payee, and…
2Cases cited4 opinions
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- McWilliams v. . MasonNew York Court of Appeals · 1865
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Merchants' Loan & Trust Co. v. Bank of the MetropolisNew York Court of Common Pleas · 1877
3Cited by6 opinions
- Halsey v. Bank of New York & Trust Co.New York Court of Appeals · 1936
- Mercantile National Bank v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1911
- North British & Mercantile Insurance v. Merchants' National BankAppellate Division of the Supreme Court of the State of New York · 1914
- Uriola v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1923
- Maryland Casualty Co. v. Central Trust Co.New York Court of Appeals · 1948
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