Legal Opinion

Mitchell v. Security Bank

Appellate Terms of the Supreme Court of New York

Decided May 15, 1914PublishedCited by 6 opinions

Appeal from a judgment of the Municipal Court'of the city of New York, borough of Manhattan, first district, entered in favor of the plaintiff after a trial by the court without a jury.

1Opinion of the CourtPage, J.

Plaintiff claims that on December 21,1910, his bookkeeper drew a check number 4028 for $196.76 which the plaintiff signed and caused to be mailed to the firm of Helfand & Abel to whom he owed the said sum. On the morning of December 22, 1910, Helfand & Abel telephoned to the plaintiff and informed him that their mail box had been robbed the night before and asked him to stop payment on any check he might have sent them through the mail. The plaintiff then called the manager of the defendant bank on the phone and told him of the robbery and instructed him to stop payment on check number 4028…

2Cited by6 opinions

  1. Sherrill v. FRANK MORRIS, ETC.Supreme Court of Alabama · 1978
  2. Capital Bank v. SchulerDistrict Court of Appeal of Florida · 1982
  3. Hughes v. Marine Midland Bank, N. A.Rochester City Court · 1985
  4. Levine v. Bank of United StatesNew York City Court · 1928
  5. First National City Bank v. De MarCivil Court of the City of New York · 1976

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