New York Court of Appeals
The Montgomery County Bank Against the Albany City Bank and the Bank of the State of New York.
December 5, 18527 N.Y. 459
Summary
The Court held that Albany City Bank is liable to the plaintiff for the loss caused by its failure to present the draft for payment, while the Bank of the State of New York, as merely an agent of Albany City Bank, is not liable. The judgment was affirmed as to Albany City Bank and reversed as to the Bank of the State of New York, with costs awarded to the plaintiff on the reversal, as noted in a concurring opinion.