National Bank of Newburgh v. . Smith
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was upon a promissory note made by one Thomas George, indorsed hy defendant and discounted by plaintiff. The note was for $500; it fell due February 17, 1874; was not paid; was duly protested, and notice served on defendant.
Read the full summary
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was upon a promissory note made by one Thomas George, indorsed hy defendant and discounted by plaintiff. The note was for $500; it fell due February 17, 1874; was not paid; was duly protested, and notice served on defendant. When the note fell due, George had ten dollars and forty-three cents on deposit in the plaintiff’s bank. He deposited $500 March 2, 1874, which was credited to…
1Per curiam
When the note in suit was protested and the liability of the defendant as indorser fixed, there were no funds appropriated for the payment of the same; The general deposit of money afterwards without regard to the note did not, of itself, operate as a payment. On the contrary, as there was no agreement that the money deposited was to be appropriated for such a purpose, the act itself indicates that there was no intention by the depositor or the plaintiff to apply it upon the note. The subsequent disposition of the money, without any objection, confirms the inference that there was no design…
2Cases cited1 opinion
- Marsh v. Oneida Central BankNew York Supreme Court · 1861
3Cited by16 opinions
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Davenport v. State Banking Co.Supreme Court of Georgia · 1906
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Lamb v. MorrisIndiana Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.