Royal Bank of Canada v. Universal Export Corp.
Court of Appeals for the Second Circuit
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above). The defendant’s supposed faults are two — the failure to demand money of the drawees, and the surrender of the draft.
As to the first, there is not a particle of proof that the drawees bad any money at band; on the contrary, it is extremely improbable that they did. People do not generally keep over $3,000 in their till, but expect to take up their paper by cheek. It did not appear that tbe drawees could have got the money anywhere but by cheek on their bank, and it does appear that it was too late to do that. The plaintiff bad to prove that insistence on…
2Cases cited12 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Griggs v. . DayNew York Court of Appeals · 1892
- Citizens Bank v. ShawSupreme Court of Georgia · 1909
- Argus v. Ware & LelandSupreme Court of Iowa · 1912
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3Cited by2 opinions
- Leviten v. Bickley, Mandeville & Wimple, Inc.Court of Appeals for the Second Circuit · 1929
- Wittlin v. GiacaloneCourt of Appeals for the D.C. Circuit · 1948