Bank of Montreal v. . Recknagel
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made December 9, 1885, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 20 J. & S. 334.) This action was brought to recover the amount of three drafts drawn by Vogel & Co., of Hong Iiong, upon plaintiff’s agent in London, and accepted and paid by it.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made December 9, 1885, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 20 J. & S. 334.) This action was brought to recover the amount of three drafts drawn by Vogel & Co., of Hong Iiong, upon plaintiff’s agent in London, and accepted and paid by it. The plaintiff is a Canadian banking corporation, having agencies in London and in Hew York city. The defendants are a firm, doing business in the latter city,…
1Opinion of the CourtGray, J.
If Yogel & Co., in drawing upon plaintiffs London agents, complied with the terms and conditions of the cable credit, then the defendants are liable to the plaintifi; for that credit was extended in pursuance of the terms of their request. But if Yogel & Co., in any material matter, failed to comply with those terms and conditions, the plaintiffs London agents accepted the drafts at their peril, and defendants could not be held hable unless there were, in fact, consignments of Manilla hemp, or unless, by the provisions of the. letter of credit and the defendants’ agreement respecting the…
2Cases cited4 opinions
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Hill v. . BlakeNew York Court of Appeals · 1884
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Germania National Bank of New Orleans v. TaaksNew York Court of Appeals · 1886
3Cited by35 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Bank of Cochin Ltd. v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1985
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Laudisi v. American Exchange National BankNew York Court of Appeals · 1924
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