Morgan v. United States Mortgage & Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court, save as to one point mentioned in the opinion. The nature of the action and the facts, so far as material, are stated in the opinion. The question of plaintiffs’ negligence in the examination of their accounts was for the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court, save as to one point mentioned in the opinion. The nature of the action and the facts, so far as material, are stated in the opinion. The question of plaintiffs’ negligence in the examination of their accounts was for the jury. (Weisser v. Denison, 10 N. Y. 68; Critten v. Chemical Bank, 171 N. Y. 219; Frank v. Chemical Nat. Bank, 84 N. Y. 209; Clark v. Nat. S. & L. Bank, 32 App.…
1Opinion of the CourtHiscock, J.
The important question presented on this appeal concerns the obligation of a depositor in a bank to examine his pass book and returned vouchers as a protection against the payment by the bank of forged checks.
The action was brought to recover a large amount paid by the respondent on a series of forged checks drawn in the name. of appellants and charged to their account. The forgeries were conceded but the respondent defended against the repayment of the amounts by it paid out on said checks, with the exception of four subject to special consideration, on the ground that appellants had…
2Cases cited4 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Frank v. . Chemical Nat'l Bank of N.Y.New York Court of Appeals · 1881
3Cited by65 opinions
- Union Tool Co. v. Farmers & Merchants National Bank of Los AngelesCalifornia Supreme Court · 1923
- Glassell Development Co. v. Citizens' Natlional Bank of Los AngelesCalifornia Supreme Court · 1923
- Basch v. Bank of Am. Nat'l Tr. & Sav. Ass'nCalifornia Supreme Court · 1943
- Wussow v. Badger State BankWisconsin Supreme Court · 1931
- Prudential Insurance Co. of America v. Natl. Bank of CommerceNew York Court of Appeals · 1920
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