Kelty v. Second National Bank
New York Supreme Court
THE Second National Bank of Erie, Pennsylvania, on March 23, 1866, sold a draft on Culver, Penn & Co. the agents "of this bank in New York, to W. G. Gardner of Erie, which was remitted by him to the plaintiffs in this action, in payment of a debt due them. The plaintiffs received it on the 26th March, and on the same day deposited it with the Tradesmen’s Bank.
Read the full summary
THE Second National Bank of Erie, Pennsylvania, on March 23, 1866, sold a draft on Culver, Penn & Co. the agents "of this bank in New York, to W. G. Gardner of Erie, which was remitted by him to the plaintiffs in this action, in payment of a debt due them. The plaintiffs received it on the 26th March, and on the same day deposited it with the Tradesmen’s Bank. The runner of the bank, to whom it was given with other drafts for collection, presented it, on the afternoon of the 27th, at the office of Culver, Penn & Co. and received a check from them on the Third National Bank, although all of…
1Opinion of the Court
By the Court, Ingraham, P. J.
Two questions are raised in this case:
First. Whether a party receiving a draft payable at sight, is guilty of negligence if he does not present it before the day after it is received.
Second. Whether if, on presentment, the holder receives from the drawee a check for the amount, when the draft is delivered up, is charged by the drawee to the drawer, passed through the books of the' drawee, and the draft canceled, such facts amount to payment; or whether, if the check is not paid, the draft can be delivered back to to the holder protested and óollected from the…
2Cases cited6 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Pratt v. . FooteNew York Court of Appeals · 1854
- Commercial Bank of Pennsylvania v. Union Bank of New-YorkNew York Court of Appeals · 1854
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Selby v. McCulloughMissouri Court of Appeals · 1887
- Syracuse, Binghamton & New York Railroad v. CollinsNew York Supreme Court · 1870
- Grant v. MacNuttNew York Court of Common Pleas · 1895
- Marrett v. BrackettSupreme Judicial Court of Maine · 1872
- Citizens' State Bank v. CowlesNew York Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.