Gallo v. . Brooklyn Savings Bank
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, as far as material, are stated in the opinion. The certification of the check discharged the maker. (Cons. Laws, ch. 38, § 324; F. Nat.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, as far as material, are stated in the opinion. The certification of the check discharged the maker. (Cons. Laws, ch. 38, § 324; F. Nat. Bank v. Leach, 52 N. Y. 350.) Negligence in issuing a check does not deprive the maker of the right to repudiate a forged indorsement. (Nat. Ex. Bank v.…
1Opinion of the Court
The complaint alleges that on November 23rd, 1903, one Antonio Cona was a depositor in defendant bank; that on said day a person representing himself as Antonio Cone presented to the defendant the deposit book of said Cona and in payment of said deposit the defendant delivered to the said person so presenting the deposit book a check for $610.50, drawn by its comptroller on the Nassau National Bank to the order of John Ray, its teller, and indorsed by the teller to the order of Antonio Cona; that thereafter, upon identification of the said person as Cona, the plaintiff cashed said check and…
2Cases cited6 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- First National Bank v. American Exchange National BankNew York Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Gutfreund v. East River National BankNew York Court of Appeals · 1929
- American Surety Co. v. Citizens' Nat. Bank of RoswellCourt of Appeals for the Eighth Circuit · 1923
13 more not listed; retrieve them via the Exa API.