Kenny v. First National Bank of Albany
New York Supreme Court
APPEAL from a judgment of the county court of Albany county. The evidence authorized the court below to find, as questions of fact, that on the 24th of October, 1865, the plaintiff received from the defendants, a national bank, duly organized, $276, in payment of a check indorsed to him for that amount. The plaintiff resided in Albany, where the defendants’ bank was located, and the money was paid him by one of the defendants’ tellers.
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APPEAL from a judgment of the county court of Albany county. The evidence authorized the court below to find, as questions of fact, that on the 24th of October, 1865, the plaintiff received from the defendants, a national bank, duly organized, $276, in payment of a check indorsed to him for that amount. The plaintiff resided in Albany, where the defendants’ bank was located, and the money was paid him by one of the defendants’ tellers. There was among the money so paid him five $50 treasury notes, one of which was alleged to be counterfeit, and the action was brought to recover the amount of…
1Opinion of the Court
By the Court,
Hogeboom, J.
The plaintiff having received from the defendants a spurious note upon a valid claim which he held against the bank, it did not amount to a payment, and the plaintiff was entitled to recover the amount from the bank, unless he was guilty of negligence in returning the note. (Markle v. Hatfield, 2 John. 455. Thomas v. Todd, 6 Hill, 340.)
There may be negligence in two ways, either in making discovery of the worthlessness of the paper, or in making return of it within a reasonable time. The cases are mostly to the point of negligence after discovery of the worthlessness…
2Cases cited3 opinions
- Markle v. HatfieldNew York Supreme Court · 1807
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Bernhardt v. Rensselaer & Saratoga RailroadNew York Court of Appeals · 1861
3Cited by1 opinion
- Burrill v. Watertown Bank & Loan Co.New York Supreme Court · 1867