Bank of British North America v. Cooper
137 U.S. 473 (1890)

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U.S. Supreme Court

Bank of British North America v. Cooper, 137 U.S. 473 (1890)

Bank of British North America v. Cooper

No. 103

Argued December 5, 1890

Decided December 22, 1890

137 U.S. 473

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Facts contested in a trial before a jury must be taken in this Court to be as determined by the verdict.

The mere receipt of a bill on payment of money is not an assent to the proposition that the bill contains the whole contract between the parties, but whether it is so or not is a fact to be determined by the jury.

A party receiving moneys from another to be transmitted for him to a named destination in order that they may be used there to pay his liabilities cannot change the destination at the desire of the party to whom the money is sent without becoming liable for the loss in case loss ensues in consequence of the change.

In the relation of principal and agent, strict compliance by the latter with the instructions of the former is an unvarying condition of exemption from liability.

C in New York, who had had business relations with M. & Co. of Glasgow, drew upon them for

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