Legal Opinion

National Boulevard Bank of Chicago v. Schwartz

District Court, S.D. New York

Decided July 10, 1959PublishedCited by 4 opinions

1Opinion of the Court

DAWSON, District Judge.

This is a motion brought on by plaintiff for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The plaintiff is a national banking association located in Chicago, Illinois, which, by mistake, paid a check drawn on it in spite of a “stop payment” order of which it had notice. Defendant is an individual, a resident of New Jersey, who was the payee on the check in question. This action is brought by the drawee bank against the payee of the check to recover $25,000, the amount of the check. By stipulation the parties have withdrawn…

2Cases cited7 opinions

  1. Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
  2. In re Bank of CubaAppellate Division of the Supreme Court of the State of New York · 1921
  3. Smith & McCrorken, Inc. v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Ozburn v. Corn Exchange National BankAppellate Court of Illinois · 1917
  5. First Nat. Bank of Chicago v. MoleskyAppellate Court of Illinois · 1958

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Aaron Ferer & Sons Ltd. v. Chase Manhattan Bank, National Ass'nCourt of Appeals for the Second Circuit · 1984
  2. Aaron Ferer & Sons Limited v. The Chase Manhattan Bank, National Association, Williams & Glyn's Bank Limited v. The Chase Manhattan Bank, National AssociationCourt of Appeals for the Second Circuit · 1984
  3. Banque Worms v. Bank America InternationalDistrict Court, S.D. New York · 1989
  4. National Boulevard Bank of Chicago v. Meyer SchwartzCourt of Appeals for the Second Circuit · 1960

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