Chemical National Bank v. Equitable Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Smith, J.:
The plaintiff’s predecessor deposited with the defendant upwards of $8,000 upon the agreement of the defendant to cable a transfer of credit to the Deutsche Bank in Berlin to the credit of Gebruder Rossie. This was on March 21, 1917. This country entered the war on April sixth. Thereupon the defendant was informed that the cable had not been sent. At the time of the attempted sending of the transfer cable the defendant also mailed a confirmatory direction to the Deutsche Bank to make payment as directed in the transfer cable. That was not received and the defendant was not informed…
2Cases cited5 opinions
- Katcher v. American Express Co.Supreme Court of New Jersey · 1920
- Equitable Trust Co. v. . KeeneNew York Court of Appeals · 1922
- Atlantic Communication Co. v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1918
- Scheibe v. ZaroAppellate Division of the Supreme Court of the State of New York · 1922
- Safian v. Irving National BankNew York Supreme Court · 1921
3Cited by4 opinions
- Richard v. American Union BankNew York Supreme Court · 1924
- Ahrens v. Guaranty Trust Co.City of New York Municipal Court · 1925
- American Union Bank v. GubelmanAppellate Division of the Supreme Court of the State of New York · 1925
- Auerbach v. BarrettAppellate Division of the Supreme Court of the State of New York · 1925