Legal Opinion

Merchants' Loan & Trust Co. v. Bank of the Metropolis

New York Court of Common Pleas

Decided April 2, 1877PublishedCited by 5 opinions

Appeal from a judgment entered upon a decision of the general term of the Marine Court of the City of New York, affirming a judgment rendered by that court at a trial term. The trial was by the' court, a juiy having been waived. This action was brought by the Merchants’ Loan and Trust Company, to recover the amount of a check, certified by the ■defendant, which amount the plaintiff had paid to the person to whom the check was given, and who had obtained the ■certification.

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Appeal from a judgment entered upon a decision of the general term of the Marine Court of the City of New York, affirming a judgment rendered by that court at a trial term. The trial was by the' court, a juiy having been waived. This action was brought by the Merchants’ Loan and Trust Company, to recover the amount of a check, certified by the ■defendant, which amount the plaintiff had paid to the person to whom the check was given, and who had obtained the ■certification. The real name of this person was Charles F. Stearns, but the makers, Messrs. Stein way & Sons, at the time of making the…

1Opinion of the Court

Charles P. Daly, Chief Justice.

One Charles F. Stearnswent several times to the place of business of Stein way & Sons, piano manufacturers, of this city, and after pricing and looking at pianos, selected a piano, the price of which was $425. After he had selected it, the salesman brought him to Mu. Stein way, the principal of the establishment, and Stearnsoffered him a draft, drawn by the National Bank of Commerce, of New London, Connecticut, upon the Marine National Bank, of this city, payable to the order of F. W. Frothingham, for $10, which, when presented to Mr. Steinway, by Stearns, had…

2Cases cited1 opinion

  1. Coggill v. . the American Exchange BankNew York Court of Appeals · 1847

3Cited by5 opinions

  1. Montgomery Garage Co. v. Manufacturers Liability InsuranceSupreme Court of New Jersey · 1920
  2. Russell v. Second National Bank of PatersonSupreme Court of New Jersey · 1947
  3. Meridian National Bank v. First National BankIndiana Court of Appeals · 1893
  4. First National Bank v. American Exchange National BankAppellate Division of the Supreme Court of the State of New York · 1900
  5. First National Bank of Ft. Worth, Tex. v. American Exchange National BankAppellate Division of the Supreme Court of the State of New York · 1900

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