Legal Opinion

Egner v. Corn Exchange Bank

New York Supreme Court

Decided January 15, 1904PublishedCited by 2 opinions

Appeal by the defendant from a judgment rendered in the Municipal Court of the city of New York, fourth district, borough of Manhattan, in favor of the plaintiff.

1Opinion of the Court

Per Ouriam.

Plaintiff seeks to recover in this action the sum of $343, paid to the defendant as alleged hy the plaintiff under a mistake of fact.

The material facts are undisputed, and, briefly stated, are as follows: One Herzog, an assistant superintendent of the Prudential Insurance Company of Newark, N. J., having an office in the city of New York, prepared proofs of claim for a death loss, purporting to be on the death of one Mary Ellis, a policy-holder in said company, and caused to be issued by the company, in payment of such supposed loss, a check drawn upon the Fifth National Bank of…

2Cases cited1 opinion

  1. Phillips v. Mercantile National BankNew York Court of Appeals · 1894

3Cited by2 opinions

  1. Geering v. Metropolitan BankAppellate Division of the Supreme Court of the State of New York · 1915
  2. Coal & Iron National Bank v. McClatcheyCity of New York Municipal Court · 1923

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