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FOURTH STREET BANK v. YARDLEY

No. 147.

165 U.S. 634 (1897)

17 S.Ct. 439

41 L.Ed. 855

FOURTH STREET BANK (of Philadelphia) v. YARDLEY.

Supreme Court of United States.

Decided March 1, 1897.

Attorney(s) appearing for the Case

Mr. Samuel Dickson and Mr. Richard C. Dale for appellant.

Mr. Silas W. Pettit for appellee.

MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.

As between a check holder and the bank upon which such check is drawn, it is settled that, unless the check be accepted by the bank, an action cannot be maintained by the holder against the bank. Bank of Republic v. Millard, 10 Wall. 152; First National Bank v. Whitman, 94 U.S. 343.

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