Merchants' National Bank v. Whitney Central National Bank

Citations

• 13 Tiess. 40

Syllabus

<p>Syllabus.</p> <p>1. The conditions under which a bank agrees to collect checks payable outside of its domicile, providing that it will forward such checks to banks out of this city, but assumes no responsibility for the negligence of such banks, and that in the absence of instructions to the contrary cheeks will be sent to the bank on which they are drawn, are law unto the parties depositing cheeks for collection.</p> <p>2. The delay within which a-bank, charged with the collection of a check, must notify the depositor of the checks that the bank out of this city has not remitted the amount of a check forwarded for collection depends upon surrounding circumstances.</p> <p>A delay of eleven days from the day the check was deposited for collection in this case is not considered too long, when there was no occasion for apprehension and the bank was using the usual means for effecting the collection.</p> <p>3. A plaintiff must make his claim certain; to make it probable is not sufficient.</p>