Briggs v. . Cent. Nat'l B'k of City of N.Y.
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 4, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover the amount of a check drawn on the First National Bank of Newark, and delivered by plaintiffs to defendant for collection.
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Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 4, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover the amount of a check drawn on the First National Bank of Newark, and delivered by plaintiffs to defendant for collection. The drawee was and had been for fifteen years the collecting agent for defendant in New Jersey under an agreement that all collections made should be credited to defendant in a collection account, which was settled every Tuesday.…
1Opinion of the CourtEapallo, J.
In the case of Indig v. National City Bank, 80 N. Y. 100, it was decided that where a bank receives from one of its customers, for collection, a check or draft drawn upon another bank at a distant place, and for the purpose of collecting the paper, sends it by mail to the bank upon which it is drawn, with a request to remit the amount, the collecting bank, by so sending the paper to the drawee directly for payment, does not constitute the drawee its agent to receive the proceeds, and consequently does not become guarantor of the solvency of the drawee; and that in such a case, though the…
2Cases cited1 opinion
- Indig v. . National City BankNew York Court of Appeals · 1880
3Cited by21 opinions
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Saint Nicholas Bank v. State National BankNew York Court of Appeals · 1891
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- National Revere Bank v. National Bank of Republic of New YorkNew York Court of Appeals · 1902
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