Legal Opinion
Rosenbaum v. First National City Bank
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 1961PublishedCited by 4 opinions
1Opinion of the CourtRabin, J.
In this action the defendant bank is sued upon its cashier’s check issued to the plaintiff in exchange for a check in like amount drawn on the bank by one of its depositors to the plaintiff as payee. The bank seeks to avoid payment by reason of its alleged mistake in issuing such cashier’s check in exchange for its depositor’s check upon which payment had been earlier stopped.
For purposes of this appeal we find no essential difference between a situation where a bank certifies or makes payment on a check and the one here where a cashier’s check is issued in exchange therefor (see Matter of…
2Cases cited7 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Gaita v. Windsor BankNew York Court of Appeals · 1929
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
- In re the Bank of United StatesAppellate Division of the Supreme Court of the State of New York · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Akin v. Business Title Corp.California Court of Appeal · 1968
- Fabmet Corp. v. D.J. Andrews Corp. (In Re Fabmet Corp.)United States Bankruptcy Court, W.D. New York · 1983
- Allied Auto Sales, Inc. v. PRESIDENT, ETC., FARM. BANKSupreme Court of Delaware · 1966
- Dziurak v. Chase Manhattan BankNew York Supreme Court · 1976