Hamburger Bros. & Co. v. Third National Bank & Trust Co.

Opinion by

Mr. Justice Stern,

Plaintiff, a New York business concern, was the payee of a promissory note executed by Continental Cigar Corporation, a corporation engaged in business in Scranton. Plaintiff deposited the note in a New York bank for collection, which sent it for that purpose to the First National Bank of Scranton. The maker gave instructions that the note was to be presented at the Third National Bank & Trust Company of Scranton, where it maintained an account. Accordingly, at three o’clock of the day on which the note matured, the First National sent the note, in the hands of a…