New York Produce Exchange Bank v. Twelfth Ward Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York Produce Exchange Bank, • from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of February, 1909, upon, the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of February, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an appeal by plaintiff from a judgment in favor of defendant upon the verdict of a jury. Although there is no certificate that the case contains all.the evidence the exceptions are ample to raise all the questions it is necessary to consider.
The action is to recover the amount paid upon an altered check under a mistake of fact. The evidence tended to show the following state of facts: ■
The firm of S. & W. Bauman, on November 24, 1906, drew its check on plaintiff, in favor of E. Jacob & Go., for $5.69. On December 3, 1906, that check was deposited in defendant bank' to the…
2Cases cited1 opinion
- Frank v. . LanierNew York Court of Appeals · 1883
3Cited by10 opinions
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- Autoridad de Energía Eléctrica de Puerto Rico v. Las Américas Trust Co.Supreme Court of Puerto Rico · 1989
- Interstate Trust Co. v. United States National BankSupreme Court of Colorado · 1919
- Manufacturers Trust Co. v. Harriman National Bank Trust Co.New York Supreme Court · 1932
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