Freund v. Importers & Traders' National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiffs' complaint on trial. (Reported below, 12 Hun, 537.) This action was brought to recover an alleged balance of a deposit account with the defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiffs' complaint on trial. (Reported below, 12 Hun, 537.) This action was brought to recover an alleged balance of a deposit account with the defendant. The plaintiffs on December 1st, 1869, drew their-check upon defendant’s bank payable to M. Oppcnheimer & Sons, or order, for the sum of $738.88,. and delivered it to the payees, for their accommodation, and without any restriction as to the manner of its use. On the…
1Opinion of the CourtFolger, J.
The plaintiffs’ appeal must rest for success upon the soundness of this proposition put forth by them . That in order to pass a good title to the check, so as to make1 N. Blun & Sons holders thereof against the plaintiffs, it should have been indorsed over to them in writing by M. Oppenheimer & Sons, the payees named in it; and that the defendant had no right to certify and pay it, until it was so indorsed. Wo have considered this proposition ; and are of the opinion that it docs not hold good in this case ; and that the plaintiffs’ appeal is without merit.
The 'check was an instrument in…
2Cases cited5 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Douglass v. WilkesonNew York Supreme Court · 1831
- Taylor v. BatesNew York Supreme Court · 1826
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- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Conrad v. FisherMissouri Court of Appeals · 1889
- Born v. First National BankIndiana Supreme Court · 1890
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