Van Alstyne v. National Commercial Bank
New York Court of Appeals
James W. Van Alstyne, and another, sued the National Commercial Bank of Albany, in the supreme court, to recover the amount of a draft or check, drawn by the defendants at Albany, upon the National Bank of Commerce, in the city of New York, payable to the order of J. H. Abbott, for the sum of five thousand two hundred and eleven dollars.
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James W. Van Alstyne, and another, sued the National Commercial Bank of Albany, in the supreme court, to recover the amount of a draft or check, drawn by the defendants at Albany, upon the National Bank of Commerce, in the city of New York, payable to the order of J. H. Abbott, for the sum of five thousand two hundred and eleven dollars. The plaintiffs sought to recover, without producing the draft, and while the draft was in the possession of the Second National Bank -of Parkersburg, in West Virginia, which bank claimed to be the lawful holder and owner thereof, and refused to deliver the…
1Opinion of the Court
By the Court.
Woodruff, J.
The plaintiffs, upon the facts alleged and proved on this trial, are equitable owners of the bill of exchange in question. If in truth no title' has been acquired by the Parkersburg Bank by the negotiation thereof to them, the plaintiffs are entitled to the possession of the bill.
The question-which alone it is necessary to consider, if I am correct in my conclusion upon the question is, can a party, either as legal or equitable owner of a bill of exchange, demand payment from the drawee, and on refusal charge the drawer, *452and recover the amount thereof from him…
2Cited by3 opinions
- Barnes v. ArnoldNew York Supreme Court · 1898
- Read v. . Marine BankNew York Court of Appeals · 1893
- Eltonhead v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1917