National Boulevard Bank of Chicago v. Schwartz
District Court, S.D. New York
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 By stipulation the parties have withdrawn…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
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- In re Bank of CubaAppellate Division of the Supreme Court of the State of New York · 1921
- Smith & McCrorken, Inc. v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Ozburn v. Corn Exchange National BankAppellate Court of Illinois · 1917
- First Nat. Bank of Chicago v. MoleskyAppellate Court of Illinois · 1958
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3Cited by4 opinions
- Aaron Ferer & Sons Ltd. v. Chase Manhattan Bank, National Ass'nCourt of Appeals for the Second Circuit · 1984
- 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
- Banque Worms v. Bank America InternationalDistrict Court, S.D. New York · 1989
- National Boulevard Bank of Chicago v. Meyer SchwartzCourt of Appeals for the Second Circuit · 1960