Low v. Merchants National Bank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtAulisi, J.
This is an appeal from an order and judgment of the Supreme Court at Special Term, Broome County, which denied defendant’s motion to dismiss plaintiff’s second and third causes of action of the amended complaint. Plaintiff does not appeal from the dismissal of his first cause of action.
The issue is whether the drawer of checks has a cause of action against the collecting bank which paid checks on alleged illegal indorsements receiving funds from the drawee banks which charged plaintiff drawer’s respective accounts.
Plaintiff and Anthony R. Bersani were coventurers, owned stock in the Bersani…
2Cases cited6 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
- Soma v. HandrulisNew York Court of Appeals · 1938
- City of New York v. Bronx County Trust Co.New York Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jett v. Lewis State BankDistrict Court of Appeal of Florida · 1973
- Central Cadillac, Inc. v. Stern Haskell, Inc.District Court, S.D. New York · 1972
- Commonwealth v. National Bank & Trust Co.Commonwealth Court of Pennsylvania · 1973
- International Industries, Inc. v. Island State BankDistrict Court, S.D. Texas · 1971
- Sonnenberg v. Manufacturers Hanover Trust Co.New York Supreme Court · 1976
3 more not listed; retrieve them via the Exa API.