General
Francis H. N. Whiting et al., Appellants, v. The City Bank of Rochester, Respondent
89 N.Y. 604·New York Court of Appeals·1882·NY
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Opinion
Francis H. N. Whiting et al., Appellants, v. The City Bank of Rochester, Respondent.
(Submitted April 21, 1882 ;
decided May 2, 1882.)
This case, upon a former appeal, is reported in 77 N. T. 363. The court there held, that the trial court erred in refusing to submit to the jury the question of mistake on the part of defendant in remitting draft to pay note sent to it by plaintiffs for collection. .Upon the second trial the question was submitted to the jury and decided in favor of the defendants, upon evidence which the court here deem sufficient. Aside from this, the opinion simply reiterates the legal propositions laid down upon the former appeal.
John Van Voorhis for- appellants.
James Break, Perkins for respondent.
Miller, J., reads for affirmance.
[MAJORITY]
All concur, except Tracy, J., absent.
Judgment affirmed.