First National Bank v. Fourth National Bank
New York Court of Appeals
Appeal from j udgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 Hun, 332.) This action was brought to recover damages alleged to have been occasioned by the negligence of the defendant in the performance of its duty, as agent for plaintiff, in collecting a draft sent to it for that purpose. • The facts appear sufficiently in the opinion.
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Appeal from j udgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 Hun, 332.) This action was brought to recover damages alleged to have been occasioned by the negligence of the defendant in the performance of its duty, as agent for plaintiff, in collecting a draft sent to it for that purpose. • The facts appear sufficiently in the opinion. The facts proved showed no negligence upon the part of defendant, such as to charge it with any liability. (Daniels’ Negot.…
1Opinion of the CourtEarl, J.
On the 22d day of March, 1866, the National Bank of Crawford county, Pennsylvania, at Meadvillo, made and delivered to the plaintiff, a national bank located at the same place, a sight 'draft for $6,000, drawn upon Culver, Penn & Co., bankers in the city of Now York. The plaintiff indorsed the draft and sent it by mail to the defendant, its corresponding bank in the city of New York, for collection and credit. The draft was received by the defendant on the morning of March 26th, and was on the same morning presented by it to the drawees for payment. Upon such presentation it received from the…
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