The American Decisions: Cases of General Value And Authority ..., volume 34

Cover The American Decisions: Cases of General Value And Authority ..., volume 34
The American Decisions: Cases of General Value And Authority ..., volume 34
John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company
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In the one case, the responsibility ceases with the limits of the personal services undertaken; in the other, it extends to cover all the necessary and proper means for the accomplishment of the object, by whomsoever used or employed.
Again: it is not true, in the usual and well-known course of trade, that there is no other agreement implied than that depos- ited paper payable abroad shall be forwarded with due dili- gence, or as Judge Oakley charged, that '' the banks are only boimd to transmi
...t such paper in due form and in due time.'* Digitized by VjOOQ IC Dec 1839.] Allen u Mebchants* Bake. 299 By the known ordinaiy usage of bosiness, unless when altered \}j some special agreement or usage, the banks undertake some- thing more than tiiis. This the holders of paper could do for themselves. But the banks also undertake to receive and pay the funds here, when collected elsewhere. The foreign bank does not know the owner of the bill so as to open an account with him, and to authorize him to draw upon his funds when -collected.

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