Leather Manufacturers' Bank v. Merchants' Bank
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. . The original action was brought December 7, 1877, by the ■ Merchants’ National Bank of the city of New Tork against the-Leather Manufacturers’ National Bank to recover back the sum of $17,500 paid on March 10, 1870, to the defendant, the holder of a- check drawn upon the plaintiff for that amount* with interest fróm June 20, 1877. The defendant, among other defences, pleaded the statute…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. . The original action was brought December 7, 1877, by the ■ Merchants’ National Bank of the city of New Tork against the-Leather Manufacturers’ National Bank to recover back the sum of $17,500 paid on March 10, 1870, to the defendant, the holder of a- check drawn upon the plaintiff for that amount* with interest fróm June 20, 1877. The defendant, among other defences, pleaded the statute of limitations, and also that the plaintiff never demanded repayment or tendered the cheek to the defendant until long…
1Opinion of the CourtJustice Geat
The principal question argued is whether this action was barred by the statute of limitations of New York, by which any action upon a contract, obligation or liability, expressed or implied, except a judgment or a sealed instrument, must be brought within six years after the cause of action ■ accrues. Code of 1855, § 91; Code of 1876, § 382.
The question then is whether, if a bank, upon which a check is- draw'n payable to a particular person or order, pays the amount of the check to one presenting it with a forged indorsement of the payee’s name, both parties supposing the indorsement to be…
2Cases cited13 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
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3Cited by78 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- United States v. National Exchange Bank of ProvidenceSupreme Court of the United States · 1909
- Federal Reserve Bank Ex Rel. American Surety Co. v. Atlanta Trust Co.Court of Appeals for the Fifth Circuit · 1937
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
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