National Bank of Commerce v. American Exchange Bank
Supreme Court of Missouri
Appeal from St. Louis Oily Circuit Gourt. — Hon. Daniel Dillon, Judge. (1) The plaintiff bank is not chargeable with negligence in its manner of handling the collection of the draft in question.
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Appeal from St. Louis Oily Circuit Gourt. — Hon. Daniel Dillon, Judge. (1) The plaintiff bank is not chargeable with negligence in its manner of handling the collection of the draft in question. In taking from Tyler his check on the Metropolitan Bank, and in putting said check in the clearing house for collection, it did all that it was legally required to do, that is, “it conducted itself in the transaction in strict accordance with the customary and established mode of transacting such business.” Morse on Banks, sec. 251; Russell v. Hankey, 8 T. R. 12. (2) Neither the defendant bank nor its…
1Opinion of the CourtBurgess, J.
This is an action to recover the sum of $9,000, the amount of a draft sent by the Hide and Leather National Bank of New York, to the defendant at St. Louis for collection, and by it forwarded to plaintiff at Kansas City, Missouri, for collection and return. The action is predicated upon the alleged justifiably mistaken belief with respect to the solvency of the drawee, one Erank E. Tyler, who was doing business under the name of Benj. McLean & Company, and .therefore took his check on another bank for the draft, and delivered the draft to him, and on the same day sent its draft to defendant…
2Cases cited8 opinions
- United States v. BarlowSupreme Court of the United States · 1889
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Commercial Bank of Pennsylvania v. Union Bank of New-YorkNew York Court of Appeals · 1854
- Whitney v. EssonMassachusetts Supreme Judicial Court · 1868
- Boylston National Bank v. RichardsonMassachusetts Supreme Judicial Court · 1869
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3Cited by25 opinions
- Federal Reserve Bank of Richmond v. MalloySupreme Court of the United States · 1924
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Luckehe v. First Nat. Bk. of MarysvilleCalifornia Supreme Court · 1924
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
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