Irving Bank of New York v. Wetherald
New York Court of Appeals
The questions in this ease arise upon the following facts, which are found by the judge who tried the cause, without a jury: On the 7th day of December, 1858, one Morris Wilson made his note for $304.80, at eight months, payable at the Irving Bank, to his own order; he endorsed the same, and it was also endorsed by Wetherald & Young, the .Defendants.
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The questions in this ease arise upon the following facts, which are found by the judge who tried the cause, without a jury: On the 7th day of December, 1858, one Morris Wilson made his note for $304.80, at eight months, payable at the Irving Bank, to his own order; he endorsed the same, and it was also endorsed by Wetherald & Young, the .Defendants. Said note, before maturity, was duly discounted by the Seventh Ward Bank for the Defendants.' On the day the aforesaid note matured the Seventh Ward Bank, as the owner thereof, presented it to the paying teller of the Irving Bank, who certified…
1Opinion of the CourtHunt, J.
Both the judge at the Circuit, and the General Term, are of the opinion that the notice by the Plaintiffs to the Seventh Ward Bank, of the mistake in certifying Wilson’s check to be good, before any steps had been taken, or any measures omitted by the Seventh Ward Bank, and while there was still time to fix all the parties upon the note, relieved the Plaintiffs from their liability on the certificate. In this opinion I concur. Such a certificate possessed no extraordinary or hidden power. It should impose no greater liability than its terms fairly require.
Divested of all technical terms, the…
2Cases cited3 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- First National Bank v. CurrieMichigan Supreme Court · 1907
- Riverside Bank v. First Nat. Bank of ShenandoahCourt of Appeals for the Second Circuit · 1896
- Hunt v. Security State BankOregon Supreme Court · 1919
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