Howard v. Bank of the Metropolis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert S. Howard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 21st day of Hovember, 190,4, upon the verdict of a jury, and also from an order entered in said clerk’s-office on the 16th day of Hovember, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Robert S. Howard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 21st day of Hovember, 190,4, upon the verdict of a jury, and also from an order entered in said clerk’s-office on the 16th day of Hovember, 1904, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought by the payee of ■ a promissory note to recover against the defendant bank the damages resulting from its failure to properly protest the same for non-payment and to give notice thereof…
1Dissent
O’Brien, J. (dissenting):
This action is brought to recover the, damages sustained by the plaintiff as payee of a -promissory note, by reason of the alleged negligence of the defendant in failing to give proper ánd timely notice of protest to the indorser thereon.
The note was made by one Starbird to the order of the plaintiff, , was indorsed by Ira Van Grieson and deposited by the plaintiff with the defendant bank for collection. When it fell due it was presented for-payment and dishonored. The notary clerk in the bank' thereupon prepared notices -of protest, one to the plaintiff, which was…
2Cases cited4 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1902
- Howard v. Van GiesonAppellate Division of the Supreme Court of the State of New York · 1899
- Howard v. Van GiesonAppellate Division of the Supreme Court of the State of New York · 1900