Guaranty Trust Co. v. Manhattan Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Manhattan Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 29th day of May, 1917, setting aside the verdict of a jury in defendant’s favor and granting a new trial.
1Opinion of the Court
Shearn, J.:
On December 3, 1913, Pell & Co., then a New York stock brokerage firm, since bankrupt and represented by plaintiff as substituted trustee, drew its check for $88.75 upon the defendant, its bank, to the order of C. G. Kershaw of Birmingham, Ala., who appeared on its books as a customer, and sent the check in a letter dated December 2, 1913, in care of R. E. Oliver, the letter stating that the check was “ the balance of your account in full to date.” Oliver was the Alabama representative of F. H. Barrett of Augusta, Ga., who was at that time the southern representative of Pell & Co.,…
2Cases cited2 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
3Cited by3 opinions
- Jennings v. President & Directors of the Manhattan Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Manufacturers Trust Co. v. Lafayette National BankCity of New York Municipal Court · 1956
- Landau Grocery Co. v. Bank of PotosiMissouri Court of Appeals · 1930