Coates v. . First National B'k of Emporia
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York entered upon an order made the first Monday of March, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of New York entered upon an order made the first Monday of March, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 15 J. & S. 322.) The controversy came up on interpleader proceedings, directed in an action brought by Kersey Coates as assignee of the Mastín Bank against Robert W. Donnell, Leonidas M. Lawson and George E. Simpson, to recover a balance claimed to be in their hands, growing out of collections for, and deposits made with them, by the Mastín Bank…
1Opinion of the CourtDahtfobth, J.
The question was whether the defendants were entitled to have the money in the hands of Donnell, Lawson & Co. applied in discharge of their claims, or whether it should be paid to the plaintiff. The learned referee held in favor of the plaintiff, and his decision has been approved by the General Term.
In this conclusion there was error. It seems to be well settled that a mere check or draft does not operate as an assignment or appropriation of the drawer’s deposit in favor of the payee before acceptance by the bank (Harris v. Clark, 3 N. Y. 93 ; Atty. Genl. v. Continental Life Ins. Co., 71 id.…
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