Lindauer v. Fourth National Bank
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. On the 6th of May, 1867, the plaintiff delivered to the First National Bank of New Orleans, for collection, a draft on A. Belmont & Go., New York, for $440.15 in gold, which said bank undertook to collect and pay to the plaintiff, less commissions. The New Orleans bank forwarded the same to the defendants, who received it on the morning of May 11th, and collected it.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. On the 6th of May, 1867, the plaintiff delivered to the First National Bank of New Orleans, for collection, a draft on A. Belmont & Go., New York, for $440.15 in gold, which said bank undertook to collect and pay to the plaintiff, less commissions. The New Orleans bank forwarded the same to the defendants, who received it on the morning of May 11th, and collected it. The defendant was corresponding bank of the New Orleans bank, which had overdrawn its account on May 11, 1867, under an agreement that the defendant would allow the New…
1Opinion of the CourtGeo. G. Barnard, J.
The defendant had no title to the draft in question that enables it to retain the money it received thereon, as against the true owner. It was sent to the defendant for collection, and was received by it for collection only. That the First Hational Bank of Hew Orleans, the bank which sent the paper for collection, had overdrawn its account and had telegraphed that remittances were on the way, by force of which the defendant continued to pay its drafts, can make no difference. The draft did nof belong to the Hew Orleans bank, The Hew *84Orleans bank did not claim to own it, never transferred it…
2Cases cited1 opinion
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
3Cited by3 opinions
- Dod v. Fourth National BankNew York Supreme Court · 1871
- Corn Exchange Bank v. Farmers' National Bank of LancasterNew York Court of Appeals · 1890
- Stark v. United States National BankNew York Supreme Court · 1886