McKinster v. Bank of Utica
New York Supreme Court
This was a special action on the case against the defendants, for neglecting to give notice of the non-payment of a note left with them for collection, tried at the Herkimer circuit, in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff was the holder of a note for $600, made by J. C. Dann, endorsed byD. Sprague and J.Dygert, bearing date 2d October, 1827, payable at the bank of Utica seven months after date.
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This was a special action on the case against the defendants, for neglecting to give notice of the non-payment of a note left with them for collection, tried at the Herkimer circuit, in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff was the holder of a note for $600, made by J. C. Dann, endorsed byD. Sprague and J.Dygert, bearing date 2d October, 1827, payable at the bank of Utica seven months after date. Being indebted to one W. J. Pardee in the sum of § 1500, McICinster delivered the note ofDann to Pardee as collateral security, who was authorized to…
1Opinion of the Court
By the Court,
Sutherland, J.
The question whether the note was or was not left with the bank, and received by them for collection, was distinctly and fairly submitted by the judge to the jury, and they have found that it was. The evidence upon this point was contradictory, and the verdict of the jury must be held conclusive.
It was admitted that no notice had ever been given by the defendants to the endorsers. That it is the duty of a bank with whom negotiable paper is left for collection, to take the necessary measures to charge the endorsers, upon default of the maker, and that they are…
2Cases cited1 opinion
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- Cohen v. Tradesmen's National BankSupreme Court of Pennsylvania · 1918
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