Legal Opinion · Dissent

Fahy v. Irving Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1936Published

1Dissent

Martin, P. J. (dissenting).

By the verdict of a jury the plaintiffs have been awarded damages upon the ground that the defendant negligently delayed notifying the plaintiffs of the non-acceptance of certain drafts deposited with the defendant for collection.

The plaintiffs, a firm of stockbrokers, purchased certain securities for the account of one William Holloway, Jr., of Durham, N. C. On the 2d, 3d, 4th and 9th of June, 1930, they deposited with the defendant drafts drawn on Mr. Holloway a't the First National Bank Building in Durham, N. C., attached to which were securities to be delivered…

2Cases cited5 opinions

  1. Walls v. . BaileyNew York Court of Appeals · 1872
  2. Wheeler v. . NewbouldNew York Court of Appeals · 1857
  3. Wheeler v. NewbouldThe Superior Court of New York City · 1855
  4. McDonough v. Evans Marble Co.Court of Appeals for the Sixth Circuit · 1902
  5. Nonotuck Silk Co. v. FairMassachusetts Supreme Judicial Court · 1873

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