Hitchcock v. Bank of Suspension Bridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bank of Suspension Bridge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 28th day of June, 1900, upon the decision of the court rendered after a trial ' ■ at the Niagara Special Term. The findings of the trial court in this action were based entirely upon a stipulation entered into between the counsel for the respective parties during the progress of the trial.
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Appeal by the defendant, the Bank of Suspension Bridge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 28th day of June, 1900, upon the decision of the court rendered after a trial ' ■ at the Niagara Special Term. The findings of the trial court in this action were based entirely upon a stipulation entered into between the counsel for the respective parties during the progress of the trial. From this stipulation it appears that the plaintiff, who was a customer of the defendant, deposited with it some time…
1Opinion of the Court
Adams, P. J.:
There can be no question, we think, but that the defendant, by reason of its omission to have the notes in question properly protested, became liable to the owner thereof for whatever damage . resulted from such omission. It is well settled in this State that a bank receiving a promissory note, for collection, whether the same be payable at its counter or elsewhere, is liable for any neglect of duty in its collection by which any of the parties are discharged, and the indorsement and delivery of such note to a bank for collection is a sufficient consideration for the undertaking…
2Cases cited1 opinion
- President of the Bank of Utica v. SmedesNew York Supreme Court · 1824
3Cited by2 opinions
- Gilpin v. Columbia National BankAppellate Division of the Supreme Court of the State of New York · 1915
- Howard v. Bank of MetropolisAppellate Division of the Supreme Court of the State of New York · 1906