Legal Opinion

Stella Flour & Feed Corp. v. National City Bank

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1954PublishedCited by 31 opinions

1Opinion of the CourtBergan, J.

Plaintiff was a depositor with the defendant bank and the question presented by this appeal is the extent to which a bank may incur a tort liability if it breaches its contract obligation to charge drafts against an account, only in accordance with a depositor’s directions.

*183The complaint alleges that plaintiff issued four checks drawn on the defendant bank in the total amount of $11,241.67; that each was drawn in favor of a specific payee; that an employee of plaintiff altered the checks by changing the named payee thereon; and that after alteration the defendant paid the said employee of…

2Cases cited14 opinions

  1. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  2. Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
  3. Weisser v. . DenisonNew York Court of Appeals · 1854
  4. Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
  5. Crawford v. . West Side BankNew York Court of Appeals · 1885

9 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  2. Alexander M. Hargrave and Long Island Vineyards, Inc., a New York Corporation v. Oki Nursery, Inc., a California CorporationCourt of Appeals for the Second Circuit · 1980
  3. Albemarle Theatre, Inc. v. Bayberry Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1967
  4. Delbrueck & Co. v. Manufacturers Hanover Trust CompanyCourt of Appeals for the Second Circuit · 1979
  5. Robbins v. Ogden Corp.District Court, S.D. New York · 1980

26 more not listed; retrieve them via the Exa API.

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