Glennan v. Rochester Trust & Safe Deposit Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 26, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to charge the jury that the bank would be protected if it paid the money upon the check in due course of business without notice of Callahan’s death.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 26, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to charge the jury that the bank would be protected if it paid the money upon the check in due course of business without notice of Callahan’s death. It was also error to refuse to charge that the bank was not authorized to pay the check unless it was accepted before the death of Callahan. (Hunt v.…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by the plaintiff as administrator of a depositor in the defendant trust company to recover the amount of a deposit made by the intestate. The defense was payment and an assignment of the deposit by the intestate to a third party. The payment proved was that of a check drawn by the intestate but not presented to or paid by the defendant until after the death of the former, of which the defendant claimed 'to be ignorant. While the case was submitted to the jury on both issues, the jury was directed to answer specific questions of fact, one of which was: “Did…
2Cases cited13 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Florence Mining Co. v. BrownSupreme Court of the United States · 1888
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
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- Spiegel v. CommissionerUnited States Tax Court · 1949
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- Chrzanowska v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1916
- Sutro Bros. & Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. New York · 1967
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
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