Havana Central Railroad v. Knickerbocker Trust Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department entered December 10, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department entered December 10, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The Knickerbocker Trust Company received for deposit the checks in question in good faith and under such circumstances as created no actual notice of any…
1Opinion of the CourtWillard Bartlett, J.
This appeal involves the sufficiency of a complaint which contains the following allegations:
The plaintiff is a New Jersey corporation organized to operate a railroad in the island of Cuba. The defendant is a Hew York corporation authorized to do the business of a trust company, including the receipt of deposits and the withdrawal of the same on checks, drafts or orders, with its principal place of business in the city of Hew York. On February 23, 1906, the plaintiff by C. W. Yan Yoorhis, its treasurer, opened a deposit account with the Central Trust Company of Hew York in its name, under an…
2Cases cited5 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
- Bank of New York National Banking Ass'n v. American Dock & Trust Co.New York Court of Appeals · 1894
- Squire v. . OrdemannNew York Court of Appeals · 1909
- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
3Cited by36 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Havana Cent. R. v. Central Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1913
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