Titus & Scudder v. Mechanics' National Bank
Supreme Court of New Jersey
This cause was brought up from the Supreme Court by writ of error. It was brought on for trial before the Meroer Circuit. Upon the evidence for the plaintiffs being closed, the circuit judge ordered that the plaintiffs be non-suited. To this, a bill of exceptions was taken, and the judgment of non-suit entered on that order is now sought to be reversed. The material facts of the case as collected from the bill of exceptions, appear in the opinion of the court.
1Opinion of the Court
The opinion of the court was delivered by
The Chancellor.
The declaration in the Supreme Court, besides the common count for money had and received, contained special counts, which alleged that the defendants had received for collection from them, two checks of Gr. H. Levis, on Harney & Sear les, bankers in New York, endorsed by B. W. Titus, and in consideration of the checks being so left with them, and of the plaintiffs having before kept and still intending to keep their account and deposits with the defendants, they undertook to collect these checks to present them for payment, and if not…
2Cases cited9 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Transamerica Insurance v. Valley National BankCourt of Appeals of Arizona · 1969
- Commercial Union Ins. v. BERT THOMAS-AITKEN & C.New Jersey Superior Court Appellate Division · 1965
- Commercial Union Insurance v. Burt Thomas-Aitken Construction Co.Supreme Court of New Jersey · 1967