Nolan v. Bank of New York National Banking Ass'n
New York Supreme Court
THIS action was brought to recover the amount of a check for $5,000, dated New York, January 31, 1865, payable in gold, drawn by Morgan & Sons, on the Bank of New York, payable to their own order, and which was accepted by the bank and certified to be good, and so put in circulation.
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THIS action was brought to recover the amount of a check for $5,000, dated New York, January 31, 1865, payable in gold, drawn by Morgan & Sons, on the Bank of New York, payable to their own order, and which was accepted by the bank and certified to be good, and so put in circulation. The bank afterwards reorganized as a national bank under the name as above entitled; and the new association continued the business and assumed the liabilities of the old corporation, the Bank of New York. This check, it was claimed, was not intended either by the drawers or the drawee to be iminediately paid, as…
1Opinion of the Court
By the Court, Brady, J.
The view adopted on the trial of this action seems to have been, that the check in judgment of law was dishonored at the time of its transfer to the plaintiff, and therefore subject to all the equities existing in favor of the owners at the time it was stolen. The check is dated 21st of Jan. 1865, drawn by M. Morgan’s Sons, payable to their own order and indorsed by them. It was, on or about that date, accepted by the defendants and not only certified to be good, but registered. On the 4th of February, 1865, it was in the *31possession of the firm of Meyer & Greve of this…
2Cases cited3 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Willets v. Phœnix BankThe Superior Court of New York City · 1853
- Farmers & Mechanics' Bank of Kent County, Maryland v. Butchers & Drovers' BankNew York Court of Appeals · 1863
3Cited by2 opinions
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