Legal Opinion

Geisinger v. Flamberg

City of New York Municipal Court

Decided September 22, 1952PublishedCited by 1 opinion

1Opinion of the CourtLoreto, J.

The plaintiff payee of a check added to it his stamped indorsement and mailed it to one Levitt from whose mail box it was stolen. The defendant, in the check cashing business, cashed the check on which no other indorsement appears.

It is clear that neither Levitt nor any one authorized by him presented the check to the defendant to be cashed. The plaintiff intended to pay a debt owing to Levitt with the check. Levitt was not paid by this means and the plaintiff has brought suit upon it.

The defendant asserts that he was a holder in due course because he was a holder for value and without notice…

2Cases cited3 opinions

  1. Murray v. LardnerSupreme Court of the United States · 1865
  2. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  3. Seybel v. . National Currency BankNew York Court of Appeals · 1873

3Cited by1 opinion

  1. Antonacci v. DennerDistrict Court of Appeal of Florida · 1963

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