Warren v. Gilman
Supreme Judicial Court of Maine
This action was referred to J. Cutting, Esq. who awarded that the plaintiff should recover of the defendant the sum of $481,93, and,costs, unless from facts proved before him, and which were stated in his award, the Court should be of the opinion that the plaintiff could not maintain the action. The action was brought against the defendant as the indorser of a draft of the following tenor.
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This action was referred to J. Cutting, Esq. who awarded that the plaintiff should recover of the defendant the sum of $481,93, and,costs, unless from facts proved before him, and which were stated in his award, the Court should be of the opinion that the plaintiff could not maintain the action. The action was brought against the defendant as the indorser of a draft of the following tenor. “ Bangor, June 30, 1836. Thirty days from date, value rec’d, please pay to the order of Allen Gilman, at the Suffolk Bank in Boston, four hundred dollars. “ Yours, d¿c. Samuel A. Gilman. “ Charles Gilman,…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
Where a bill is left in a bank for colledtion, although the bank has no interest in it, yet for the purpose of receiving and transmitting notices, they are to be considered as the real holders. Mead v. Engs, 5 Cowen, 308, and the cases there cited. In the negotiation of this business, the cashier is the regularly authorized organ of the bank, and whatever is done by him -in that capacity is the act of the bank ; and any communications affecting them, are properly addressed to him in his official capacity.
It was never doubted, that notice might be,…
2Cases cited3 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Chanoine v. FowlerNew York Supreme Court · 1829
- Stanton v. BlossomMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Wood v. CallaghanMichigan Supreme Court · 1886
- Palmer v. WhitneyIndiana Supreme Court · 1863
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883