Legal Opinion
Manufacturers Trust Co. v. Diamond
Appellate Terms of the Supreme Court of New York
Decided November 21, 1957PublishedCited by 1 opinion
1Per curiam
Where the holder of a check presents it at the bank at which it is payable, receives the money, and surrenders the paper, the transaction is completed and cannot be rescinded except for fraud or mutual mistake (Oddie v. National City Bank, 45 N. Y. 735; Bankers Trust Co. v. Wells, 215 App. Div. 343).
The judgment and order should be reversed, with $10 costs, and motion denied.
Aurelio and Tilzer, JJ., concur; Hofstadter, J., concurs in result.
Judgment and order reversed, etc.
2Cases cited2 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Bankers Trust Co. v. WellsAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by1 opinion
- National Boulevard Bank of Chicago v. SchwartzDistrict Court, S.D. New York · 1959