Mt. Morris Bank v. . Twenty-Third Ward Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion. The constitution of the clearing house, to which neither the plaintiff nor the defendant was a party, is not binding upon the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion. The constitution of the clearing house, to which neither the plaintiff nor the defendant was a party, is not binding upon the defendant. (Morse on Banks & Banking [3d ed.], §§ 350, 351 ; People v. St. N. Bank, 77 Hun, 159 ; M. Bank, v. Thompson, 129 Mass. 438 ; Overman v. H. Bank, 31 N. J. L. 563…
1Opinion of the CourtGulden, J.
The action is brought to recover money paid on a promissory note jiayable at the plaintiff’s bank. When the note became due, at the request of the defendant, it was certified by the plaintiff. This was done through a mistake as to the condition of the maker’s account with the bank. Within a very short time, on the same day, the plaintiff discovered tlm error and notified the defendant thereof, requesting it to erase the certification. Of this it is sufficient to say that the appellant concedes that the right of no party was affected by the certification, and that under the decision of this…
2Cases cited1 opinion
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
3Cited by9 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Columbia-Knickerbocker Trust Co. v. . MillerNew York Court of Appeals · 1915
- Hentz v. National City BankAppellate Division of the Supreme Court of the State of New York · 1913
- Metropolitan Life Insurance v. Bank of United StatesNew York Court of Appeals · 1932
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