First National Bank v. Cadwallader

Supreme Court of Pennsylvania

First National Bank v. Cadwallader

14 A. 410, 10 Sadler 534, 1888 Pa. LEXIS 984

CourtSupreme Court of Pennsylvania

DecidedMay 25, 1888

DocketNo. 103

StatusPublished

Cited by1 cases

This text of 14 A. 410 (First National Bank v. Cadwallader) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First National Bank v. Cadwallader, 14 A. 410, 10 Sadler 534, 1888 Pa. LEXIS 984 (Pa. 1888).

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Opinion

Per Curiam :

All that Cadwallader had to do with the $5,600 draft after it had passed to the plaintiff was to see that it was honored when due, which, it seems, was done. The paper belonged to the plaintiff as fully as any other chattel that might have been passed to it on a full consideration paid. What then had the defendant to do or to say as to the agent through whom the bank might choose to collect it ? He might advise, but he could do nothing more; he might recommend such an agent, but the bank, on the other hand, might adopt such recommendation or nót as it saw fit. It follows that the First National Bank of Buffalo was alone responsible to the plaintiff, and the loss resulting from its failure cannot be charged to the defendant.

The judgment is affirmed.

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Per Curiam :

All that Cadwallader had to do with the $5,600 draft after it had passed to the plaintiff was to see that it was honored when due, which, it seems, was done. The paper belonged to the plaintiff as fully as any other chattel that might have been passed to it on a full consideration paid. What then had the defendant to do or to say as to the agent through whom the bank might choose to collect it ? He might advise, but he could do nothing more; he might recommend such an agent, but the bank, on the other hand, might adopt such recommendation or nót as it saw fit. It follows that the First National Bank of Buffalo was alone responsible to the plaintiff, and the loss resulting from its failure cannot be charged to the defendant.

The judgment is affirmed.

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Bluebook (online)

14 A. 410, 10 Sadler 534, 1888 Pa. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-cadwallader-pa-1888.

Opinion

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