198 A.D. 699 | N.Y. App. Div. | 1921
The complaint contains three similar counts for the recovery of damages for a breach of contract. In each count it is alleged that the plaintiff, a foreign corporation, was duly authorized to transact business in this State and had its
The theory on which the demurrer was sustained is that the complaint does not clearly show whether the bills of exchange were delivered to the trust company for collection or for transmission. It is well settled that, where a bill of exchange is delivered by the owner to a bank for collection, the bank accepting it for collection becomes the agent of the owner; and that any correspondent to whom it forwards the same for collection, becomes its agent only, and not the agent of the owner; and that the bank originally receiving it for collection is hable to the owner for its own acts and for the acts of those, it employs in collecting the paper; but that, where the bill of exchange is delivered to a bank as the agent
It follows that the order should be reversed, with ten dollars costs and disbursements, and defendant’s motion for judgment on the pleadings denied, and plaintiff’s motion granted, with ten dollars costs, but with leave to defendant to withdraw the demurrer and answer on payment of costs of the appeal and of the motion.
Clarke, P. J., Smith, Merrell and Greenbaum, JJ., concur.
Order reversed, with ten dollars costs and disbursements, defendant’s motion denied, plaintiff’s motion granted, with ten dollars costs, with leave to defendant to withdraw demurrer and to answer on payment of said costs.