Hentz v. National City Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National City Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of August, 1913, overruling a demurrer to the complaint. The demurrer was made on the ground that’ the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
McLaughlin, J.:
The defendant appeals from an order overruling its demurrer to two alleged causes of action on the ground that a cause of action was not stated in either. The complaint alleges that on the 18th of January, 1910, Lathrop, Haskins & Co. had on deposit with the defendant a sum in excess of $25,000; that on that day they drew their check for $25,000 payable to the order of the plaintiffs, to whom the same was delivered; that the plaintiffs indorsed the check and deposited it with the Mechanics’ National Bank, which, on the nineteenth of January, presented it to the defendant for…
2Cases cited8 opinions
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Merchants' National Bank v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1885
- Mt. Morris Bank v. . Twenty-Third Ward BankNew York Court of Appeals · 1902
- Citizens Central National Bank v. New Amsterdam National BankAppellate Division of the Supreme Court of the State of New York · 1908
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