Gilman v. First Nat. Bank
New York Supreme Court
Appeal from circuit court, New York county. Action by Winthrop S. Gilman and another against the First National Bank of the City of New York to recover the amount of a draft paid by mistake. The complaint was dismissed on the trial before a jury, and plaintiffs’ exceptions were ordered to be heard in the first instance at general term.
1Dissent
O’Brien, J.,
(dissenting.) The action was to recover money paid by mistake by the plaintiffs to the defendant upon a draft presented to them for payment. Although the amount involved is not large, the principle is important, as determining the rights and duties of drawers, indorsers, and drawees upon a foreign bill of exchange; and as the facts are not disputed, and may be briefly stated, it will serve the purposes of clearness to set them forth. In January, 1891, a Mrs. Coekran, of Cadiz, Ohio, had deposited with the First FTational Bank of Cadiz, for collection, a bond of the township of…
2Cases cited3 opinions
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- The Farmers' Bank of Bridgeport v. . VailNew York Court of Appeals · 1860
- Smith v. . PoillonNew York Court of Appeals · 1882