Moak v. Twenty-Third Ward Bank
New York Supreme Court
Action to determine the title to the proceeds of a certain check and to declare a trust therein in favor of the plaintiff.
1Opinion of the CourtGiegerich, J.
The action is brought to determine the ownership of the proceeds of a check for $1,950, made by the plaintiff to the order of the defendant Whitlock and indorsed and delivered by him to the defendant Bryant, who indorsed and deposited it for collection in the defendant Twenty-third Ward Bank. The plaintiff seeks to recover the proceeds of the check on the theory that equity should declare a trust in said proceeds in his favor. The check was drawn on the First National Bank of San Francisco and was certified. Upon the face of the cheek there were written in ink the words,' ' Submitted with bid…
2Cases cited8 opinions
- Gerard v. . McCormickNew York Court of Appeals · 1891
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Cohnfeld v. . TanenbaumNew York Court of Appeals · 1903
- Empire State Surety Co. v. NelsonAppellate Division of the Supreme Court of the State of New York · 1910
- Citizens' Bank of Buffalo v. Rung Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by1 opinion
- State Bank v. BacheNew York Supreme Court · 1937