Legal Opinion
Stark v. Public National Bank
Appellate Terms of the Supreme Court of New York
Decided September 6, 1924PublishedCited by 5 opinions
1Opinion of the CourtCropsey, J.
The plaintiffs had an account with the defendant. The check of a third party which plaintiffs deposited to the credit of their account was lost by defendant and was never presented for payment. The plaintiffs by the judgment appealed from have recovered the amount of the check.
If the check had been accepted by defendant as cash then the defendant would have been its owner. Lyons v. Union Exchange National Bank, 150 App. Div. 493. In such a case if the defendant negligently failed to present the check and for that reason it was not paid before the maker became insolvent, it would have to bear…
2Cases cited22 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Griggs v. . DayNew York Court of Appeals · 1892
- National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
17 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hefling v. Public National BankCity of New York Municipal Court · 1927
- Kraus v. Chatham Phenix National Bank & Trust Co.City of New York Municipal Court · 1932
- Hoffower v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1962
- Dolezal v. Cleveland, Canton & Columbus Motor Freight Co.Ohio Court of Appeals · 1934
- Ghiselli Bros. v. Ryan, Inc.High Court of American Samoa · 1992