Ayrault v. . the Pacific Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first department, affirming a judgment in favor of plaintiff) entered upon a verdict. (Reported below, 1 Abb. N. S., 381.) This action was brought to recover damages for the alleged u negligence and carelessness of the defendant,” in omitting to demand payment of the maker, and give notice to the indorsers of two promissory notes deposited by the plaintiff’s assignor with the defendant for collection.
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Appeal from judgment of the General Term of the Supreme Court, in the first department, affirming a judgment in favor of plaintiff) entered upon a verdict. (Reported below, 1 Abb. N. S., 381.) This action was brought to recover damages for the alleged u negligence and carelessness of the defendant,” in omitting to demand payment of the maker, and give notice to the indorsers of two promissory notes deposited by the plaintiff’s assignor with the defendant for collection. George Ayrault, a cattle broker, in February, 1859, kept an account in the Pacific Bank. He resided at 93 West Fortieth…
1Opinion of the CourtAllen, J.
The plaintiff alleges in his complaint that the notes of Konz were deposited in the defendant’s bank for collection, and were received for that purpose, and that the defendant undertook, and it became and was its duty to demand payment or cause payment to be demanded of the notes from the maker when they became due; and in case of non-payment, to give, or cause to be given, due notice of the non-payment to the indorsers. The defendant, in answering, admits the deposit of the notes in its bank for collection, and avers that when the notes became due the defendant and its agents and notary used…
2Cases cited4 opinions
- Magee v. . BadgerNew York Court of Appeals · 1866
- Walsh v. . KellyNew York Court of Appeals · 1869
- Chamberlain v. . PrattNew York Court of Appeals · 1865
- Kluender v. LynchNew York Court of Appeals · 1868
3Cited by43 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Beaver v. TaylorSupreme Court of the United States · 1876
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Meeker v. GardellaWashington Supreme Court · 1890
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