Portuguese American Bank of San Francisco v. Atlantic National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Atlantic National Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of October, 1921, upon the verdict of a jury rendered by direcion of the court, and also from an order entered in said clerk’s office on the 2d day of November, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The defendant guaranteed to Stewart & Ham of San Francisco, payment of a draft drawn by them on Trachtenberg & Weyers of New York city, “ covering about 400 cases of California Whites Petaluma Extra at 62¡¿ to be shipped by express to Trachtenberg & Weyers, New York, N. Y., January 27th or 28th.” It was admitted by the pleadings that on or about the 27th of January, 1920, the drawees of the draft agreed to purchase from the drawers thereof 400 cases of eggs known as “ California White Petaluma Extras,” and agreed to pay therefor sixty-two cents a dozen; that the defendant…
2Cases cited4 opinions
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- Lamborn v. . the Lake Shore Banking and Trust CompanyNew York Court of Appeals · 1921
- Lamborn v. Lake Shore Banking & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Bank of Italy v. Merchants National BankAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by1 opinion
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925