In Fortier v. New Orleans National Bank, the Supreme Court of the United States was asked to decide whether a bank could be held liable for the wrongful acts of its employees. The case involved a dispute between the New Orleans National Bank and one of its customers, Fortier. Fortier had deposited a large sum of money with the bank, and the bank had promised to pay him interest on the deposit. However, the bank's employees had misappropriated the funds and had not paid Fortier the interest he was due. The Supreme Court held that the bank was liable for the wrongful acts of its employees. The Court reasoned that the bank had a duty to exercise reasonable care in the management of its customers' funds, and that it had failed to do so in this case. The Court also held that the bank was liable for the misappropriation of funds, even though it had not directly participated in the misappropriation. The Court's decision in this case established that banks can be held liable for the wrongful acts of their employees. This decision has been cited in numerous subsequent cases, and it has become an important precedent in the area of banking law.

In Fortier v. New Orleans National Bank, the Supreme Court was asked to decide whether a bank could be held liable for failing to pay out funds from an account that had been frozen due to a dispute between two parties. The majority opinion found in favor of the bank, ruling that it did not have any legal obligation to pay out funds until the dispute was resolved and all parties agreed on how much should be paid out. However, Justice Field dissented from this decision arguing that banks are obligated by law to honor their customers’ requests for payment and cannot refuse or delay payments without good cause. He argued further that if banks were allowed such discretion they would become “the arbiters of controversies between their depositors” which is beyond their authority under existing laws and regulations governing banking practices. In conclusion, Justice Field believed that allowing banks such discretion would lead them into dangerous territory where they could potentially abuse their power over customer accounts with impunity.