Clarke National Bank v. Bank of Albion
New York Supreme Court
MOTION for a new trial, on a bill of exceptions, ordered to be heard, in the first instance, at general term. From the case it appears that, some time in November, or early part of December, in the year 1865, one O. F. Burns drew his check, and post-dated it, January 10, 1866, of which the following is a copy: “Albion, N. Y., January 10th, 1866. Cashier of the Bank of Albion : Pay to self or order, six thousand dollars, and charge to the account of 1 O. F. Burns.”
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MOTION for a new trial, on a bill of exceptions, ordered to be heard, in the first instance, at general term. From the case it appears that, some time in November, or early part of December, in the year 1865, one O. F. Burns drew his check, and post-dated it, January 10, 1866, of which the following is a copy: “Albion, N. Y., January 10th, 1866. Cashier of the Bank of Albion : Pay to self or order, six thousand dollars, and charge to the account of 1 O. F. Burns.” On the back of this check there was placed a $3 United States revenue stamp, cancelled by writing on the face thereof, “O. F. B.…
1Opinion of the Court
By the Court, Barker, J.
The first question to be considered and determined in this case is, whether this check was collectible as against the defendant, the Bank of Albion, in the hands of Ward & Brother ? If so, then it is not impaired, as a valid and binding instrument, as against the defendant, by the transfer of the legal title thereof to the plaintiff. .
The propositions of law involved in this point, and to *597be considered and applied, are all discussed and adjudicated, in Farmers and Mechanics’ Bank v. Butchers and Drovers’ Bank, (16 N. Y. Rep. 125,) and N. Y. and N. H. R. R. Co. v.…
2Cases cited11 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Harker v. AndersonNew York Supreme Court · 1839
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mann v. Second National BankSupreme Court of Kansas · 1883
- Manufacturers' National Bank of Racine v. NewellWisconsin Supreme Court · 1888
- Lee v. Pittsburgh Coal & Mining Co.The Superior Court of New York City · 1877
- Albany County Bank v. People's Co-operative Ice Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904
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