First National Bank v. Fourth National Bank
New York Court of Appeals
Appeal from judgment of the Greneral Term of the Supreme Court, in the first judicial department, entered upon an order made March 17, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of the referee. (Reported below, 24 Hun, 241.) This action was brought to recover damages resulting from alleged negligence on the part of defendant in performance of its duty as agent for plaintiff.
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Appeal from judgment of the Greneral Term of the Supreme Court, in the first judicial department, entered upon an order made March 17, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of the referee. (Reported below, 24 Hun, 241.) This action was brought to recover damages resulting from alleged negligence on the part of defendant in performance of its duty as agent for plaintiff. The case is reported on a former appeal in 77 R. Y. 320. On March 22, 1866, the Rational Bank of Crawford county, Pa., made and delivered to plaintiff, a Rational bank, located at the…
1Opinion of the Court
Andrews, Ch. J.
This court held on the former appeal (77 N. Y. 320) that the whole duty of the defendant to the plaintiff, was not discharged by the presentment, demand and protest of the draft, within such time as is required by the general rule of law, in order to preserve the liability of the drawer, but that having on March 26, 1866, taken the check of the drawees for the draft, it was bound to make immediate presentment, and having delayed the presentment until the 27th, whereby the collection of the check was prevented, in consequence of the failure of Culver, Penn & Co. on that day, the…
2Cases cited2 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
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