Importers & Traders' National Bank v. Peters
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 23, 1889, which modified, and affirmed as modified, a judgment in favor of certain of the defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 23, 1889, which modified, and affirmed as modified, a judgment in favor of certain of the defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. F"o title to out-of-town drafts vested in the Exchange Bank upon their deposit in the absence of express proof of a contract to the contrary, but they were received and held by it as agent of the depositor, and when…
1Opinion of the CourtO’Brien, J.
On the 2d day of April, 1885, .the plaintiff, a national banking association in the city of New York, had on deposit to the credit of the Exchange National Bank of Norfolk, Virginia, the sum of $7,207.36, and bn the same day the latter bank, being insolvent, failed, suspended payment, and ceased to transact business. The defendant Peters, was subsequently appointed receiver. In August, 1885, when this suit was commenced, there were two actions pending against the plaintiff, in the Supreme Court, for the recovery of the fund above mentioned. One of the actions was brought by the receiver…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
3Cited by56 opinions
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Green v. DuvergeyCalifornia Supreme Court · 1905
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Le Marchant v. . MooreNew York Court of Appeals · 1896
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