Gilpin v. Columbia National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Columbia 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 Erie on the 21st day of July, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of July, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
We are of the opinion that there was sufficient evidence presented upon the trial to justify the jury in finding that the defendant bank was the agent of the plaintiff and answerable to him for any negligence of which said defendant may have been guilty in the due presentation of the note in suit to the maker for payment. The conversation between the plaintiff and defendant’s cashier, together with the correspondence between the defendant and the Sovereign Bank of Canada, from which it received the note for collection, furnishes ample testimony from which the court might properly…
2Cases cited4 opinions
- Gilpin v. . SavageNew York Court of Appeals · 1911
- Gilpin v. SavageNew York Supreme Court · 1908
- Hitchcock v. Bank of Suspension BridgeAppellate Division of the Supreme Court of the State of New York · 1901
- Mechanics Bank v. Merchants BankMassachusetts Supreme Judicial Court · 1843
3Cited by1 opinion
- Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924