Lyons v. Union Exchange National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Lyons, as treasurer, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of December, 1911, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Miller, J.:
• The plaintiff, claiming to have on deposit with the defendant bank at least the sum of $13,000, brought this action to recover that sum on the ground that the defendant had refused to honor the plaintiff’s check duly presented for said amount. The defendant for answer asserted that. when the check was presented the plaintiff had on deposit only the sum of $2,555.29. The case turns on a deposit on April 13, 1904, by the plaintiff in the defendant bank of a check for $13,000, drawn by the plaintiff upon the Federal Bank of New York to the order of the defendant, with which deposit…
2Cases cited3 opinions
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Citizens' State Bank v. . CowlesNew York Court of Appeals · 1905
3Cited by11 opinions
- Sokoloff v. National City BankNew York Supreme Court · 1927
- Employers' Liability Assurance Corp. v. Hudson River Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Lipten v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Greenberg v. World Exchange BankAppellate Division of the Supreme Court of the State of New York · 1929
- Stark v. Public National BankAppellate Terms of the Supreme Court of New York · 1924
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