Legal Opinion
Rosenbaum v. First National City Bank
New York Court of Appeals
Decided April 5, 1962PublishedCited by 3 opinions
1Per curiam
The weight of authority holds that when a bank pays a check after and despite receiving a stop-payment order from its depositor it cannot recover on the check from the payee of the check (see National Commercial Bank & Trust Co. v. Madison, 270 App. Div. 437; Matter of Rousos, 195 Misc. 959; Michie, Banks and Banking, Vol. 5A, p. 549; 5 N. Y. Jur., Banks and Trust Companies, § 398; 39 A. L. R. 1240). The same rule should apply with equal or greater force when the bank in payment of the check has issued its own cashier’s check to the holder.
The judgment should he affirmed, with costs.
Chief…
2Cases cited2 opinions
- In re the Estate of RousosNew York Surrogate's Court · 1949
- National Commercial Bank & Trust Co. v. MadisonAppellate Division of the Supreme Court of the State of New York · 1946
3Cited by3 opinions
- Fabmet Corp. v. D.J. Andrews Corp. (In Re Fabmet Corp.)United States Bankruptcy Court, W.D. New York · 1983
- Lowe's of Sanford, Inc. v. Mid-South Bank & Trust Co.Court of Appeals of North Carolina · 1979
- Mendelsohn v. JP Morgan Chase Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2009