Legal Opinion

German National Bank v. Carnegie Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1916Published

Appeal by the defendants, Carnegie Trust Company and another, 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 3d day of December, 1915, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Davis, J.:

The plaintiff and the Carnegie Trust Company had a reciprocal arrangement whereby each made collections of checks and drafts for the other, the plaintiff in Cincinnati and its vicinity and the Carnegie Trust Company in New York and vicinity. The correspondence between the plaintiff and the trust company, as well as the testimony of the vice-president of the trust company, shows that the plaintiff was- required to transmit daily to the trust company the amount of the items sent to it by the trust company for collection irrespective of whether they had been collected, and the court…

2Cases cited12 opinions

  1. Scott v. ArmstrongSupreme Court of the United States · 1892
  2. Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
  3. National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
  4. Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
  5. People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879

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