Harley v. Eleventh Ward Bank

Citations

• 7 Daly 476

Syllabus

<p>Where the plaintiff deposited with the defendant for collection a sight draft which the defendant sent to its agent, a corresponding bank, for collection, and such correspondent, before the draft had been collected, but supposing that it had been, credited the amount thereof to the defendant, who thereupon gave credit therefor to the plaintiff, and the correspondent bank afterwards having discovered its mistake-charged back the amount of the draft to the defendant, and the plaintiff, being notified of these facts, refused to take back the draft or have the amount of it charged to his account, and the defendant thereupon accused its correspondent with delay in not returning the draft, and stated that it would be compelled to look to it for payment of it, and afterwards rendered the plaintiff an account without charging the draft back to him, and continued for two years to render him accounts in the same way,—Held, that there was an account stated in respect to the draft, which precluded the defendant from denying its liability to the plaintiff therefor.</p>